(a) Short Title.--This subtitle may be cited
as the ``Technology, Education, and Copyright Harmonization Act
of 2002''.
(b) Exemption of Certain Performances and Displays for
Educational Uses.--Section 110 of title 17, United States Code,
is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) except with respect to a work produced or marketed primarily
for performance or display as part of mediated instructional activities
transmitted via digital networks, or a performance or display that
is given by means of a copy or phonorecord that is not lawfully
made and acquired under this title, and the transmitting government
body or accredited nonprofit educational institution knew or had
reason to believe was not lawfully made and acquired, the performance
of a nondramatic literary or musical work or reasonable and limited
portions of any other work, or display of a work in an amount comparable
to that which is typically displayed in the course of a live classroom
session, by or in the course of a transmission, if--
``(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 typically 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- secondary
education, shall be as determined by a regional or national accrediting
agency recognized by the Council on Higher Education Accreditation
or the United States Department of Education; and
``(B) with respect
to an institution providing elementary or secondary education, shall
be as
