in the building, but not necessarily in the same room.[1] And although the teacher and students do not have to be within eyesight, they must simultaneously be in the same general place. Although broadcasts or other transmissions from outside locations into classrooms are not allowed, loudspeakers or projectors may be used within the building.[2]
As for who may attend section 110(1) performances and where they can take place, the exemption requires that attendance be limited to pupils, a guest lecturer, or the instructor. Performances permitted under section 110(1) may not be open to others, such as students’ friends or the general public. Although performances must take place in a classroom or a similar place devoted to instruction, any room that can function as a classroom, including the library, may be used.
In a perfect world, everyone who is entitled to attend a section 110(1) performance would be able to see and hear it at the time and place it happens, and every performance would take place in a classroom. In other words, every showing would fit literally, and perfectly, within the exemption. But we do not live in a perfect world. What if—
- A student misses the History of Film class where Citizen Kane was shown. The student wants to check out the library-owned DVD and watch it in a library viewing room.
- A student saw the film in class but wants to see it again, this time in a library viewing room, to understand it better.
- The instructor recommends that students see two other films directed by and starring Orson Welles, and a student wants to watch them in a library viewing room.
The American Library Association’s Model Policy,[3] discussed earlier, considers the reserve room an extension of the classroom for the purpose of photocopying and distributing materials to students. It is equally fair to view a school or university library as an extension of the classroom for purposes of the section 110(1) exemption, thereby permitting an otherwise qualifying use to take place in a library viewing room.
- ↑ H.R. Rep. No. 94-1476, at 81.
- ↑ Id.
- ↑ American Library Association, Model Policy Concerning College and University Photocopying for Classroom Research and Library Reserve Use (1982), available at http://old.cni.org/docs/infopols/ALA.html.
