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1 1 (April 3, 2020)

handle is hein.crs/govcwyx0001 and id is 1 raw text is: Resarh Service Webcasting in the Time of COVID-19: Copyright Implications of Remote Worship & Distance Learning April 3, 2020 Unauthorized public performance or display of a copyrighted work generally gives rise to liability for copyright infringement; however, current law exempts certain activities from infringement when performed in person. For example, singing a copyrighted hymn or performing a religious work during a religious service at a place of worship is exempted from infringement liability, as is the performance or display of a copyrighted work by an instructor while teaching in the classroom. As a result of the COVID-19 social distancing policies, however, groups have begun webcasting what were previously in-person gatherings. (Webcasting is the practice of broadcasting an event live over the internet.) Places of worship may webcast their usual religious services. Schools and universities may webcast classes. Copyright law, however, treats transmissions like webcasting differently than in-person activities in some circumstances. Thus, certain activities generally exempt from copyright liability when performed in person may be infringing when they are transmitted or webcast over the internet. This Sidebar provides a background on copyright law before outlining possible approaches to exempting transmission of these events from copyright infringement liability. Legal Background A copyright gives its owner the exclusive right to take or authorize certain actions involving the underlying work. Specifically, the copyright owner has the exclusive right to, among other things, reproduce or distribute the copyrighted work, or perform or display the copyrighted work publicly. If any person violates the copyright owner's exclusive rights (for example, by performing the copyrighted work publicly without the owner's permission), then that person has infringed the copyright. A person held liable for copyright infringement may be subject to a court order to stop infringing (an injunction) or may be required to pay damages. The amount of damages may be both the copyright owner's actual damages and any profits made by the infringer, or an amount set by statute (statutory damages). Statutory damages may be set between $750 and $30,000 as the court considers just, but may be increased if the infringement was willful. The prevailing party in an infringement action may also Congressional Research Service https://crsreports.congress.gov LSB10440 ORS LegA! SidebaF Prpred For Meumbers and Comrm itees of Coqgr ss ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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