Copyright restrictions on Internet-based content to allow more opportunities for distance learning.

By Robert MacMillan, Newsbytes

WASHINGTON, D.C., U.S.A.,

08 Jun 2001, 12:16 PM CST

The U.S. Senate Thursday passed a bill that would ease copyright restrictions on Internet-based content to allow more opportunities for distance learning. S. 487, which unanimously passed the Senate Judiciary Committee, passed the Senate in a voice vote.

Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., and Ranking Republican Orrin Hatch, R-Utah, extolled the measure, which they sponsored. Leahy said the bill "will help clarify the law and allow educators to use the same rich material in distance learning over the Internet that they are able to use in face-to-face classroom instruction."

"(We) must be able to use new technologies to advance our education goals in a manner that recognizes and protects copyrighted works," Leahy added.

The bill reflects suggestions made by an Internet-based education commission headed by former Sen. Bob Kerrey, D-Neb., and recommendations from a 1999 report issued by the U.S. Copyright Office.

Leahy noted that there was some opposition from copyright holders who said that the bill was unnecessary because current copyright laws already "enable and foster legitimate distance-learning activities," but added that late-night discussions on Wednesday produced a workable bill that all senators could support.

Leahy also said that Kerrey's education report showed the need for more legislation in this area because current distance-learning statutes are "inappropriately restrictive" and that the present law "was not established with the virtual classroom in mind, nor does it resolve emerging issues of multimedia online, or provide a framework for permitting digital transmissions."

A similar measure was introduced Thursday in the House by Rep. Rick Boucher, D-Va., and co-sponsored by freshman Rep. Darrell Issa, R-Calif., who comes from the consumer electronics industry.

The Senate bill specifically kills the requirement that using copyrighted works for education purposes must occur in a physical classroom, or that only special circumstances prevent student attendance in a physical classroom. It also allows for the Internet's automatic downloading - and hence, copying - of a copyrighted work, and adds films and videotaped material to the list of

permitted materials to be used for education.

Leahy said this would prevent today's dilemma of allowing a music teacher to play a piece of music to students on an instrument in the classroom without a license, but requiring that same teacher to obtain a license from the copyright holder to play that piece of music in an online transmission.

The bill also contains a clause that would prevent the use of bootlegs or other illegally acquired materials in online education. It also requires the Patent and Trademark Office to report to Congress on technology protections that could be used to protect the copyrighted works while in transmission.

Hatch said that the bill is necessary because "online education will only thrive if teachers and students have affordable and convenient access to the highest-quality educational materials."

"Moreover, of utmost significance to the copyright owners, the legislation adds new safeguards to counteract the risks posed by digital transmissions in an educational setting," Hatch said, backing up Leahy's assertion. "(The) bill imposes obligations to implement technological protection measures as well as certain limitations relating to accessibility and duration of

transient copies. The Act also amends Section 112 of the Copyright Act to permit storage of copyrighted material on servers in order to permit asynchronous use of material in distance education."

Hatch cautioned that the report from the PTO "is not designed to be a first step toward the government regulating, mandating or favoring types of technologies or products produced to protect copyrighted works online."

Hatch added that the bill does not "seek a government comparison of various products that are commercially available ... we do not want the government picking winners and losers among commercial products, nor in setting the standards that would govern the development of such products."

Reported by Newsbytes.com, http://www.newsbytes.com.