Page:The librarian's copyright companion, by James S. Heller, Paul Hellyer, Benjamin J. Keele, 2012.djvu/180

164 Section 110(1) permits the performance or display of both dramatic and non-dramatic works (including audiovisual works) by instructors or pupils that take place in the course of face-to-face teaching activities of non-profit educational institutions. Sometimes called the “face-to-face teaching exemption,” section 110(1) requires that there be an educational purpose to the performance. Showing a video for recreation or entertainment, such as rewarding a class for good behavior, does not qualify for this exemption. What might take place in a law school offers a good example of the educational/entertainment dichotomy.

Example 1

A student group wants to start a “Thursday Night at the Movies” series. The group will use films that are part of the library collection or rent them from Netflix. The films will be shown free of charge.

Example 2

The school offers a “Law in Film” course that is taught by an instructor as part of the regular curriculum.

Example 3

Several professors want to have a “Law and Film” series open to any law student who wishes to attend. On the first Tuesday of each month a law-related film will be shown, and a professor will introduce and lead a discussion of the film.

Let’s look a bit more at this exemption. First, what does “face-to-face teaching activities’ mean? According to the legislative history of the Copyright Act, the instructor and students must be in the same general area