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The Chronicle of Higher Education
Thursday, July 18, 2002

House Committee Votes to Ease Copyright Restrictions on Distance Education

By ANDREA L. FOSTER

Washington

The enactment of a bill that would make it easier for educational institutions to use films and songs in online instruction was all but assured Wednesday after a key House of Representatives committee approved the legislation.

The House Judiciary Committee unanimously approved the bill, the Technology Harmonization and Education Act (S 487), on a voice vote without debate. It is identical to a bill the Senate approved in June 2001.

The legislation would expand the exceptions under the Copyright Act of 1976 that allow colleges and schools to use copyrighted material for instruction without securing copyright holders' permission.

The act allows distance-education providers to digitally transmit nondramatic literary and musical works. Under the bill, they would also be able to show students selected portions of movies, plays and other dramatic works.

The legislation applies only to accredited, nonprofit educational institutions.

Educational and media interests, which had long been at odds over easing copyright law for online instruction, had negotiated a compromise -- later formalized in the bill -- more than a year ago. But the chairman of the Judiciary Committee, Rep. F. James Sensenbrenner Jr., had held up the legislation. Mr. Sensenbrenner, a Wisconsin Republican, had indicated that he would only move the bill forward in tandem with another piece of legislation to create new protections for databases.

Mr. Sensenbrenner relented, however, when higher-education interests made a recent push to have the technology legislation passed into law, and when he realized that database legislation would be difficult to move forward.


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Copyright © 2002 by The Chronicle of Higher Education