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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)''.
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.