Page:United States Statutes at Large Volume 116 Part 3.djvu/319

 PUBLIC LAW 107-273—NOV. 2, 2002 116 STAT. 1911 "(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 or an accredited nonprofit educational institution; "(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 reasonably 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 t3T)ically 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-sec - ondary education, shall be as determined by a regional

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