{
  "id": "RL33516",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RL33516",
  "active": false,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 325871,
      "date": "2006-07-06",
      "retrieved": "2016-04-07T18:58:36.288029",
      "title": "Copyright Exemptions for Distance Education: 17 U.S.C., Section 110(2), the Technology, Education, and Copyright Harmonization Act of 2002",
      "summary": "The Technology, Education, and Copyright Harmonization Act of 2002 (TEACH Act) updated\n17\nU.S.C. Section 110(2), the first distance education exemption under copyright law, to permit\naccredited nonprofit institutions to transmit copyrighted works during distance education programs\nwithout having to obtain the prior permission of the copyright holder, under certain limited\nconditions and in accordance with specified statutory procedures. This report provides a summary\nand analysis of the provisions of the TEACH Act, including an explanation of the types of works\nexempted for distance education purposes, the conditions and limitations placed on the ability to use\nexempted works, the exemption eligibility requirements for distance educators and students, the\nlimitations on copyright infringement liability of eligible claimants, and the mandatory procedural\nrequirements that transmitting institutions must follow to safeguard copyrighted materials from\ninfringement.\n In addition, the report examines the potential effect on the rights granted by the TEACH Act\nthat may be posed by the proposed \"broadcast flag,\" a content protection technology designed to limit\ncopying, editing, retention, and other activities regarding the use of digitally broadcast television\nprograms. Congressional interest in authorizing the use of the broadcast flag for digital television\ntransmissions has raised the concern of librarians and educators over whether such technology may\nimpede their ability to use digital television content for educational purposes, including distance\neducation programs pursuant to the TEACH Act.\n Legislation introduced in the 109th Congress,  S. 2686 , the Communications,\nConsumer's Choice, and Broadband Deployment Act of 2006, includes a provision that would grant\nthe Federal Communications Commission (FCC) the authority to adopt regulations giving television\nbroadcasters the right to use the broadcast flag in their digital transmissions. At the same time,\nhowever, the bill directs the FCC to issue regulations that would expressly permit the use of\nbroadcast-flagged digital television transmissions by government bodies and accredited nonprofit\neducational institutions for distance education purposes under the TEACH Act.",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": false,
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      "topics": []
    }
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}