-- SunYi - 30 Jan 2008

On today's discussion about the legalities of public performance: doesn't 17 USC 110 provide an exception?

-- DanielHarris - 31 Jan 2008

Does the exception have exceptions?

-- EbenMoglen - 1 Feb 2008

I'm looking at §110(1), just to make sure we're talking about the same exceptional exception exceptions. It doesn't seem to apply because--and I'm probably reading this incorrectly--§101's definition of an "audiovisual work" doesn't seem to to match up with anything which might or might not be performed in class. So, we [might] have performance, of a work (any work?), by an instructor, teaching face to face, in a classroom. The exception seems to be for audiovisual works, which are defined in §101 as:

"works that consist of a series of related images which are intrinsically intended to be shown by the use of machines, or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any [regardless of media]."

The sounds aren't together with/accompanying any "series of related images."

-- DanielHarris - 02 Feb 2008