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.

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 literary or musical work or 
        reasonable and limited portions of any other work, or display 
        of a work in an amount comparable to that which is typically 
        displayed 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 supervision 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 teaching 
                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 
                        governmental bodies as a part of their official 
                        duties or employment; and
                    ``(D) the transmitting body or institution--
                            ``(i) institutes policies regarding 
                        copyright, provides informational materials to 
                        faculty, students, and relevant staff members 
                        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 
                                measures that, in the ordinary course 
                                of their operations, prevent--
                                            ``(aa) retention of the 
                                        work in accessible form by 
                                        recipients of the transmission 
                                        from the transmitting body or 
                                        institution for longer than the 
                                        class session; and
                                            ``(bb) unauthorized further 
                                        dissemination of the work in 
                                        accessible 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 instructional 
        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 education for their independent use and retention or are 
        typically purchased or acquired for elementary and secondary 
        students for their possession and independent use.
            ``For purposes of paragraph (2), accreditation--
                    ``(A) with respect to an institution providing 
                post-secondary education, shall be as determined 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 providing 
                elementary or secondary education, shall be as 
                recognized by the applicable state certification or 
                licensing procedures.
            ``For purposes of paragraph (2), no governmental body, 
        accredited nonprofit educational institution, or nonprofit 
        library shall be liable for infringement by reason of the 
        transient or temporary storage of material carried out through 
        the automatic technical process of a digital transmission of 
        the performance or display of that material as authorized under 
        paragraph (2). No such material stored on the system or network 
        controlled or operated by the transmitting body or institution 
        under this paragraph shall be maintained on such system or 
        network in a manner ordinarily accessible to anyone other than 
        anticipated recipients. No such copy shall be maintained on the 
        system or network in a manner ordinarily accessible to such 
        anticipated recipients for a longer period than is reasonably 
        necessary 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 subsection 
                (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 governmental body, nonprofit educational 
institution, or nonprofit 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 reproduced from them, except 
        as authorized under section 110(2); and
            ``(B) such copies or phonorecords are used solely for 
        transmissions authorized under section 110(2).
    ``(2) This subsection does not authorize the conversion of print or 
other analog versions of works into digital formats, except that such 
conversion is permitted hereunder, only with respect to the amount of 
such works authorized 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 amendment.--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)''.

Summary: Twenty-First Century Distance Learning Enhancement Act - Revises Federal copyright law to extend the exemption from infringement liability for instructional broadcasting to: (1) digital distance learning or distance education; and (2) nonprofit libraries (as well as governmental bodies and accredited nonprofit educational institutions, as at present). Excludes from such exemption (thus subjecting to infringement liability) any work produced or marketed primarily for performance or display as part of mediated instructional activities transmitted via digital networks, or a performance or display given by means of a copy or phonorecord that is not lawfully made and acquired, and the transmitting government body, accredited nonprofit educational institution, or nonprofit library knew or had reason to believe was not lawfully made and acquired. Allows under specified instructional conditions the performance and display of reasonable and limited portions of any copyrighted work in an amount comparable to that which is typically displayed in the course of a live classroom session, by or in the course of a transmission.Exempts from infringement liability, under specified conditions, governmental bodies, accredited nonprofit educational institutions, and nonprofit libraries by reason of the transient or temporary storage of material carried out through the automatic technical process of a digital transmission of the performance or display of that material.Extends the current ephemeral recording exemption, under specified conditions, to copies or phonorecords embodying a performance or display in digital and analog form for use in making transmissions authorized by this Act.