I
107TH CONGRESS
1ST SESSION
H. R. 2100
To amend chapter 1 of title 17, United States Code, relating to the exemption
of certain performances or displays for educational uses from copyright
infringement provisions, to provide that the making of copies or
phonorecords of such performances or displays is not an infringement
under certain circumstances, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 7, 2001
Mr. BOUCHER (for himself and Mr. ISSA) introduced the following bill; which
was referred to the Committee on the Judiciary
A BILL
To amend chapter 1 of title 17, United States Code, relating
to the exemption of certain performances or displays
for educational uses from copyright infringement provi-
sions, to provide that the making of copies or
phonorecords of such performances or displays is not
an infringement under certain circumstances, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Twenty-First Century
Distance Learning Enhancement Act’’.
SEC. 2. EDUCATIONAL USE COPYRIGHT EXEMPTION.
(a) EXEMPTION OF CERTAIN PERFORMANCES AND
DISPLAYS FOR EDUCATIONAL USES.—Section 110 of title
17, United States Code, is amended—
(1) by striking paragraph (2) and inserting the
following:
‘‘(2) except with respect to a work produced or
marketed primarily for performance or display as
part of mediated instructional activities transmitted
via digital networks, or a performance or display
that is given by means of a copy or phonorecord that
is not lawfully made and acquired under this title,
and the transmitting government body, accredited
nonprofit educational institution, or nonprofit library
knew or had reason to believe was not lawfully made
and acquired, the performance of a nondramatic lit-
erary or musical work or reasonable and limited por-
tions of any other work, or display of a work in an
amount comparable to that which is typically dis-
played in the course of a live classroom session, by
or in the course of a transmission, if—
‘‘(A) the performance or display is made
by, at the direction of, or under the actual su-
pervision of an instructor as an integral part of
a class session offered as a regular part of the
systematic mediated instructional activities of a
governmental body, an accredited nonprofit
educational institution, or a nonprofit library;
‘‘(B) the performance or display is directly
related and of material assistance to the teach-
ing content of the transmission;
‘‘(C) the transmission is made solely for,
and, to the extent technologically feasible, the
reception of such transmission is limited to—
‘‘(i) students officially enrolled in the
course for which the transmission is made;
or
‘‘(ii) officers or employees of govern-
mental bodies as a part of their official du-
ties or employment; and
‘‘(D) 
the 
transmitting 
body 
or
institution—
‘‘(i) institutes policies regarding copy-
right, provides informational materials to
faculty, students, and relevant staff mem-
bers that accurately describe, and promote
compliance with, the laws of the United
States relating to copyright, and provides
notice to students that materials used in
connection with the course may be subject
to copyright protection; and
‘‘(ii) 
in 
the 
case 
of 
digital
transmissions—
‘‘(I) applies technological meas-
ures that, in the ordinary course of
their operations, prevent—
‘‘(aa) retention of the work
in accessible form by recipients of
the transmission from the trans-
mitting body or institution for
longer than the class session; and
‘‘(bb) unauthorized further
dissemination of the work in ac-
cessible form by such recipients
to others; and
‘‘(II) does not engage in conduct
that could reasonably be expected to
interfere with technological measures
used by copyright owners to prevent
such retention or unauthorized further
dissemination;’’; and
(2) by adding at the end the following:
‘‘In paragraph (2), the term ‘mediated instruc-
tional activities’ with respect to the performance or
display of a work by digital transmission under this
section refers to activities that use such work as an
integral part of the class experience, controlled by or
under the actual supervision of the instructor and
analogous to the type of performance or display that
would take place in a live classroom setting. The
term does not refer to activities that use, in 1 or
more class sessions of a single course, such works as
textbooks, course packs, or other material in any
media, copies or phonorecords of which are typically
purchased or acquired by the students in higher edu-
cation for their independent use and retention or are
typically purchased or acquired for elementary and
secondary students for their possession and inde-
pendent use.
‘‘For 
purposes 
of 
paragraph 
(2),
accreditation—
‘‘(A) with respect to an institution pro-
viding post-secondary education, shall be as de-
termined by a regional or national accrediting
agency recognized by the Council on Higher
Education Accreditation or the United States
Department of Education; and
‘‘(B) with respect to an institution pro-
viding elementary or secondary education, shall
be as recognized by the applicable state certifi-
cation or licensing procedures.
‘‘For purposes of paragraph (2), no govern-
mental body, accredited nonprofit educational insti-
tution, or nonprofit library shall be liable for in-
fringement by reason of the transient or temporary
storage of material carried out through the auto-
matic technical process of a digital transmission of
the performance or display of that material as au-
thorized under paragraph (2). No such material
stored on the system or network controlled or oper-
ated by the transmitting body or institution under
this paragraph shall be maintained on such system
or network in a manner ordinarily accessible to any-
one other than anticipated recipients. No such copy
shall be maintained on the system or network in a
manner ordinarily accessible to such anticipated re-
cipients for a longer period than is reasonably nec-
essary to facilitate the transmissions for which it
was made.’’.
(b) EPHEMERAL RECORDINGS.—
(1) IN
GENERAL.—Section 112 of title 17,
United States Code, is amended—
(A) by redesignating subsection (f) as sub-
section (g); and
(B) by inserting after subsection (e) the
following:
‘‘(f)(1) Notwithstanding the provisions of section
106, and without limiting the application of subsection
(b), it is not an infringement of copyright for a govern-
mental body, nonprofit educational institution, or non-
profit library entitled under section 110(2) to transmit a
performance or display to make copies or phonorecords of
a work that is in digital form and, solely to the extent
permitted in paragraph (2), of a work that is in analog
form, embodying the performance or display to be used
for making transmissions authorized under section
110(2), if—
‘‘(A) such copies or phonorecords are retained
and used solely by the body or institution that made
them, and no further copies or phonorecords are re-
produced from them, except as authorized under sec-
tion 110(2); and
‘‘(B) such copies or phonorecords are used sole-
ly for transmissions authorized under section
110(2).
‘‘(2) This subsection does not authorize the conver-
sion of print or other analog versions of works into digital
formats, except that such conversion is permitted here-
under, only with respect to the amount of such works au-
thorized to be performed or displayed under section
110(2), if—
‘‘(A) no digital version of the work is available
to the institution; or
‘‘(B) the digital version of the work that is
available to the institution is subject to technological
protection measures that prevent its use for section
110(2).’’.
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—Section 802(c) of title 17, United States
Code, is amended in the third sentence by striking
‘‘section 112(f)’’ and inserting ‘‘section 112(g)’’.
Æ