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The Chronicle of Higher Education
Friday, May 18, 2001

Senate Committee Favors Letting Instructors Use More Digital Works in Online Classes

By ANDREA L. FOSTER

Washington

Legislation to ease copyright restrictions so that some kinds of digital music and video could be more widely used in online instruction was quickly approved by the Senate Judiciary Committee on Thursday. Observers predict swift passage by the full Senate later this month.

The bill, the Technology, Education, and Copyright Harmonization Act, S. 487, was approved after more than two weeks of closed-door negotiations between education lobbyists and representatives of the music, entertainment, and publishing industries.

The legislation would broaden the "safe harbor" provisions in the Digital Millennium Copyright Act so that recordings of dramatic literary and musical works -- such as plays, musicals, and operas -- could be used for distance education. Under current law, only nondramatic literary and musical works are protected by the safe-harbor provisions.

"This is a critical piece of legislation to make [Section 110(2)] of copyright law compatible with the 21st century and distance education as it is being conducted now and for the foreseeable future," said Sheldon E. Steinbach, vice president and general counsel of the American Council on Education. The A.C.E. was involved in negotiations over the bill.

Media interests, including the Association of American Publishers, initially opposed the bill, but expressed support for it Thursday. They reversed their position because the bill's original language was changed to define more narrowly the type and amount of digital material to be included in the safe-harbor provisions, and the conditions under which the material could be used for online instruction.

The bill also would require educational institutions to apply technological controls, such as encryption, to copyrighted material so that students could not disseminate it. And the legislation would require the U.S. Patent and Trademark Office to study and report on the various technologies available for protecting digital material. The report would be presented to Congress six months after the bill took effect.

Not all education interests are happy with the bill. Only accredited nonprofit institutions would be able to take advantage of the copyright exemption for digital material. The Career College Association, which represents many private technical colleges, wanted the exemption to apply to for-profit institutions as well.

"We're disappointed for our students and the institutions that train our students," said Timothy W. Burga, the association's director of political affairs.

A Senate aide said the chamber is likely to vote on the bill next week.


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Copyright © 2001 by The Chronicle of Higher Education