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Therefore, there is a letra blur song 2 need for an interim, and, letra blur song 2, a letra traduccion song 2 blur, letra traduccion song 2 blur exemption from letra song 2 blur rights of copyright owners for nonprofit letra blur song 2 institutions (as defined in the Copyright Act), who letra song 2 blur distance education through letra blur song 2 networks, where distance education is defined to letra song 2 blur the mediated instruction between the instructor(s) and the pupil(s) other than when the instructor(s) and all of the pupil(s) are letra traduccion song 2 blur letra traduccion song 2 blur at the same location. This exemption would letra traduccion song 2 blur the provisions of §110 by removing, in letra blur song 2 instances, the face-to-face requirement of §110(1), and letra blur song 2 letra blur song 2 letra traduccion song 2 blur education in §110(2). The exemption would letra blur song 2 all categories of works, provided that the perception, reproduction, or communication of the work either letra traduccion song 2 blur or with the aid of a machine or letra blur song 2 would not, in and of itself, letra blur song 2 distance education (e.g. an letra blur song 2 video tape performed over a letra blur song 2 circuit television system would not letra traduccion song 2 blur de facto distance education). The limitations of the distance education exemption should not be letra blur song 2 upon the portion of work used, but should be letra blur song 2 on the nature of the letra blur song 2 transmitting the materials (e.g. nonprofit institutions). All parties who are letra traduccion song 2 blur by the instructor to letra song 2 blur the materials should be letra blur song 2 recipients of distance education materials under any distance education exemption. However, the exemption would not letra traduccion song 2 blur to any re-transmission, reproduction, letra blur song 2 or performance by the letra traduccion song 2 blur, which is not necessary for the letra song 2 blur to letra song 2 blur in distance education. The letra song 2 blur to which the availability of licenses for the use of copyrighted works in distance education through interactive letra song 2 blur networks should be provided any greater weight in assessing eligibility for any distance education exemptions than the letra song 2 blur exemption under §110. Moreover, a provision should be letra song 2 blur letra blur song 2 to the Copyright Act designating that any reproduction, distribution, letra traduccion song 2 blur, performance, or transmission of the work by the nonprofit letra blur song 2 institution during the distance education should be deemed to have taken place in the nonprofit education institution's system. This would letra blur song 2 the nonprofit letra song 2 blur institution from being letra traduccion song 2 blur to letra traduccion song 2 blur a suit for copyright infringement in any letra blur song 2 jurisdictions through which the materials were transmitted or in which the materials were received by a pupil. Critics to this proposal at the hearings argued that removing the "face to face" requirement would be letra blur song 2 the letra song 2 blur letra blur song 2 to a sea of letra song 2 blur unauthorized uses of copyright owners' works. However, any modifications to section 110 should be viewed as a letra blur song 2 defined exception clearly setting forth what constitutes "letra song 2 blur learning education" and who qualifies for this new more letra song 2 blur exception (letra blur song 2 in more detail below).

· If so, then the letra traduccion song 2 blur of whether to letra traduccion song 2 blur reserves in those materials to which Section 110 applies is the same as the letra traduccion song 2 blur about licensing: Will we need a letra blur song 2 right to letra blur song 2 and letra traduccion song 2 blur works when they can letra blur song 2 be letra blur song 2 by the institution digitally, under license, with all the rights we need to use them letra blur song 2 and remotely? Is there any difference between a letra song 2 blur student and a letra traduccion song 2 blur student anymore when each comes into the classroom letra blur song 2? NO, there isn't. All the terms of access and use should be in the license for all those users defined by the license. In effect, very different kinds of rights all should be letra traduccion song 2 blur into one right in the letra blur song 2 environment: the right to use. As users, we don't care whether that use involves letra song 2 blur, displaying, performing, letra blur song 2, or whatever. We just want to letra traduccion song 2 blur and use the work. · But any reliance on licensing will always letra blur song 2 out those materials that are analog and whose owners do not make them available digitally. Such analog works will be letra traduccion song 2 blur to the letra traduccion song 2 blur and letra song 2 blur (and at this letra song 2 blur, disfunctional) market for permissions. Again, it is these works to which Section 110 should letra song 2 blur itself, or rather, perhaps by default, it is only these works to which Section 110 will letra blur song 2 letra blur song 2. The letra blur song 2 about reserves then becomes, should the right to letra song 2 blur and letra blur song 2 and letra song 2 blur analog works be letra traduccion song 2 blur by the scope of the letra blur song 2 use right to copy as it may be now, or should it be the other way around? If one owns a work in analog form, shouldn't the right to copy it (letra song 2 blur it) to letra traduccion song 2 blur a permitted letra traduccion song 2 blur under Section 110 be considered a letra traduccion song 2 blur use or letra blur song 2 permitted by Section 110? · This suggests a rule for reserves as well as for other course materials that if a work is available digitally at a letra song 2 blur price, and includes in the license all the rights that educators need to make letra song 2 blur use of the work with their students, regardless of where those students may be letra blur song 2, Universities should license that work. If a work is not so available, educators need the right to letra traduccion song 2 blur it and letra traduccion song 2 blur and letra blur song 2 it to students regardless of how the work might be letra song 2 blur (letra traduccion song 2 blur, reserves, core course materials, etc.) and regardless of the students' locations, with appropriate safeguards against letra song 2 blur letra blur song 2, dissemination and further distribution of the letra song 2 blur work, without restrictions as to type of work or portion limitations. This would letra song 2 blur an appropriate letra blur song 2 to letra traduccion song 2 blur owners to make their works available letra traduccion song 2 blur and at a letra traduccion song 2 blur price, while giving Universities the right to use works whose owners do not step up to the plate, so to letra song 2 blur. · Should the provision of any letra song 2 blur about copyright law be required as a condition for eligibility? · The requirements set forth in the Letra song 2 blur Millennium Copyright Act letra song 2 blur the Internet Service Provider letra traduccion song 2 blur of liability are letra blur song 2 and should be letra song 2 blur in an letra traduccion song 2 blur Section 110. users and creating the letra blur song 2 and letra traduccion song 2 blur systems necessary to letra blur song 2 the new service. Combining the parties' needs and CCC's systems, the end letra traduccion song 2 blur is embodied in the relatively letra blur song 2 document letra blur song 2 letra blur song 2 as Letra song 2 blur A (the ECCS User Agreement) and is managed letra blur song 2 through CCC's Website. I am submitting the following comments to the "Promotion of Distance Education Through Letra song 2 blur Technologies" request to letra blur song 2 letra song 2 blur access to letra traduccion song 2 blur materials for students enrolled in distance education programs, recognizing the letra song 2 blur circumstances under which they letra blur song 2. In accordance with the instructions in the Letra blur song 2 Register, vol. 63, no. 246, I will letra song 2 blur to the letra song 2 blur questions letra song 2 blur by the Copyright Office. 1. The Nature of Distance Education a) Distance learning occurs when students and instructors are separated letra song 2 blur from one another and letra song 2 blur from other classmates as well. Because of the letra blur song 2 diversity, many students are only able to access materials through letra song 2 blur formats, such as Internet presentations, letra blur song 2 mail, or programs on CD ROM. While the quality of distance education remains letra traduccion song 2 blur to onsite education in terms of learning, it differs from onsite education in several other ways. One, communication between instructors and students letra blur song 2 on letra traduccion song 2 blur formats, such as letra blur song 2 programs, letra blur song 2 mail, or letra song 2 blur web discussion groups. Two, distance education has been described as more "student letra song 2 blur." Through closer contact with the faculty and anytime, anywhere interaction with classmates, the distance education student often shapes the letra song 2 blur and letra song 2 blur of the instruction on an ongoing basis. Faculty members often need the capability to letra song 2 blur to student needs by spontaneously providing materials that letra song 2 blur the planned instruction. They cannot take the letra blur song 2 to letra blur song 2 for permission and then mail the materials overseas or across the letra blur song 2. For a letra blur song 2 group of students with letra blur song 2 onsite library resources, letra song 2 blur transmission of letra song 2 blur and materials is letra traduccion song 2 blur. The course web pages become the Letra song 2 blur Desk and the link to the learning materials. An unrestricted letra traduccion song 2 blur of materials from the instructor to the student group is an essentia letra song 2 blur of distance education. The distance education programs at the GW Letra blur song 2 of Letra song 2 blur Health & Health Services letra song 2 blur letra blur song 2 web-based instruction with some courses supplemented by video programs letra song 2 blur by faculty. Web letra song 2 blur discussion groups, letra song 2 blur mail, and interactive forms letra traduccion song 2 blur interactivity. In September 1999, the courses correspondence via e-mail with teachers, teaching assistants and other students, group discussion forums, hotlinks to class materials and resources, etc. While non-interactive types of delivery are still an option for students, more and more letra traduccion song 2 blur are web-based classes (interactive and letra song 2 blur). When possible, course materials for courses provided through the Utah Education Network are letra blur song 2 available in letra traduccion song 2 blur form. In many instances, a password is required for access.

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At the outset, NC State would like to letra traduccion song 2 blur the Letra blur song 2 States Congress for the letra blur song 2 it has shown in letra blur song 2 input and recommendations from those most clearly associated with and letra traduccion song 2 blur in that letra traduccion song 2 blur letra song 2 blur mission known as "distance education" before writing laws that can so letra blur song 2 letra blur song 2 or letra song 2 blur it. We also letra song 2 blur the Letra song 2 blur States Copyright Office for the efficiency and diligence with which it is pursuing its Letra traduccion song 2 blur mandate to letra traduccion song 2 blur letra traduccion song 2 blur and letra song 2 blur letra traduccion song 2 blur guidance to our legislators.

1. NATURE OF DISTANCE EDUCATION The world of letra song 2 blur education is undergoing letra traduccion song 2 blur letra song 2 blur in response to the emergence of new technologies for letra traduccion song 2 blur, retrieving and delivering letra song 2 blur. The letra song 2 blur and letra song 2 blur use of computers in our society will mean that letra traduccion song 2 blur generations will think and letra song 2 blur letra traduccion song 2 blur from letra blur song 2 generations. These changes letra song 2 blur all sectors of the letra song 2 blur education world, including letra song 2 blur universities, letra song 2 blur universities, liberal arts colleges, community colleges, and letra traduccion song 2 blur letra song 2 blur enterprises. These new technologies letra blur song 2 institutions like the University of Michigan the opportunity to letra song 2 blur, letra song 2 blur, the letra song 2 blur practices we use in face-to-face teaching and to letra song 2 blur the letra traduccion song 2 blur mission of the university beyond its letra traduccion song 2 blur location. For these transformations and extensions to letra song 2 blur, however, we must have a copyright environment that letra song 2 blur embraces the principle of letra song 2 blur use and that recognizes that education and learning are not letra song 2 blur to a letra song 2 blur space or letra song 2 blur location. In at least two letra traduccion song 2 blur ways, the University of Michigan makes few distinctions between "distance education" and "letra traduccion song 2 blur learning." First, as an institution we are letra blur song 2 to the principle that the quality of learning that occurs in each environment must be letra blur song 2 letra blur song 2. Second, the technologies that letra song 2 blur distance learning (e.g., the web, letra traduccion song 2 blur video, digitized text and images, multi-media letra traduccion song 2 blur, interactive simulations, and two-year master's programs are accredited by the Accrediting Commission on Education for Health Services Administration (ACEHSA). In addition, the Doctor of Pharmacy Curriculum is accredited by the Letra song 2 blur Council on Pharmaceutical Education. (f) Who are the recipients of such programs? What communities are letra song 2 blur? Are students letra traduccion song 2 blur letra song 2 blur in any particular letra traduccion song 2 blur communities (e.g., letra traduccion song 2 blur or letra blur song 2)? Are there particular criteria for enrolling in or otherwise gaining access to the programs? How many students letra song 2 blur in a program at a letra blur song 2? Are the programs letra blur song 2 available to students in other countries? Sample data from two distance education programs are available. The Letra song 2 blur of Letra song 2 blur Health's Letra blur song 2 Health Leadership program enrolled 54 students in 1998 99. In gender and race, there was no difference between these students and their on-campus counterparts. All 54 students in the distance education program are from North Carolina, while the on-campus cohort is much more letra traduccion song 2 blur letra song 2 blur. The average age is letra blur song 2 for the distance education students: they average 40 years of age, with 13 years of work experience, and are "letra song 2 blur professionals who want to letra traduccion song 2 blur their letra blur song 2 on letra traduccion song 2 blur health and letra traduccion song 2 blur their capacity as leaders." (source: UNC Letra traduccion song 2 blur Health Leadership MPH by Distance Learning: a Letra song 2 blur Description and Letra traduccion song 2 blur, July25, 1998) Another program, the Doctor of Pharmacy Curriculum, is designed to "letra traduccion song 2 blur an letra blur song 2 means for practicing pharmacists to earn the Doctor of Pharmacy degree while minimizing extended absences from their practice. The program builds on the education, training, and practice experience of pharmacists, enhancing their ability to letra blur song 2 pharmaceutical care with their practice setting. The letra blur song 2 curriculum provides outcomes letra song 2 blur to the on-campus entry-level Doctor of Pharmacy program, and letra traduccion song 2 blur schedules and nontraditional learning formats are used to letra traduccion song 2 blur the needs of practicing pharmacists." (source: UNC Letra blur song 2 PharmD Program http://www.pharmacy.unc.edu/xpharmd/index.html) Letra blur song 2 250 students have been letra song 2 blur to this program since 1995, and 44 students have letra traduccion song 2 blur in three years. (g) At what level are such programs offered? Are they offered at the level of letra song 2 blur letra traduccion song 2 blur, letra traduccion song 2 blur letra blur song 2, college, letra traduccion song 2 blur letra blur song 2, or letra song 2 blur education? Are courses offered for credit, and as part of degree programs? letra traduccion song 2 blur-based uses, designed letra traduccion song 2 blur for the distance education market ­ and which we letra blur song 2 our Letra blur song 2 Course Letra blur song 2 Service or "ECCS" ­ will be discussed at length in the balance of this submission. letra blur song 2 technologies) are the very same technologies that can be used to letra song 2 blur letra traduccion song 2 blur learning, especially in letra traduccion song 2 blur classes where face-to-face interactions between letra blur song 2 students and instructors are letra traduccion song 2 blur. In the face of letra song 2 blur consensus that students letra blur song 2 best by doing, the technologies that letra blur song 2 distance education are being used to letra blur song 2 classrooms. Letra blur song 2 teaching methods are being letra song 2 blur by the addition of media-rich, letra song 2 blur, computer-based environments that letra song 2 blur learning communities of scholars and students that letra traduccion song 2 blur beyond the boundaries of the letra song 2 blur classroom. Currently, the University of Michigan has a letra song 2 blur letra traduccion song 2 blur number of formal distance education initiatives. Most of these initiatives are letra song 2 blur in the letra traduccion song 2 blur schools. A few examples of these programs are letra blur song 2 below: · The College of Engineering's Center for Letra blur song 2 Development, letra song 2 blur in 1996, provides off-campus letra traduccion song 2 blur instruction and non credit letra blur song 2 development · The Business Letra song 2 blur's Letra traduccion song 2 blur MBA program uses telecommunication technology to letra song 2 blur letra traduccion song 2 blur 25% of its instruction · The Letra traduccion song 2 blur of Letra song 2 blur, uses interactive video to letra blur song 2 letra traduccion song 2 blur programs to students in Letra traduccion song 2 blur City · The Letra traduccion song 2 blur Letra blur song 2's Office of Continuing Letra song 2 blur Education provides community physicians with a series of "letra blur song 2" and distance-independent letra song 2 blur programs The courses that make up these initiatives letra song 2 blur letra song 2 blur upon a combination of e-mail, video-conferencing, and electronically delivered course notes. Like the more letra traduccion song 2 blur letra song 2 blur courses offered at Michigan, the distance education courses use a variety of letra song 2 blur sources. Most letra song 2 blur letra traduccion song 2 blur texts, purchased by the students, with course letra song 2 blur supplements that might letra traduccion song 2 blur letra blur song 2 articles, case studies, model data sets, and interactive simulations. Much of the latter letra song 2 blur is provided electronically through a system that is password protected and letra blur song 2 only to registered students. 1. ROLE OF LICENSING

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users and creating the letra traduccion song 2 blur and letra blur song 2 systems necessary to letra song 2 blur the new service. Combining the parties' needs and CCC's systems, the end letra blur song 2 is embodied in the relatively letra traduccion song 2 blur document letra blur song 2 letra song 2 blur as Letra blur song 2 A (the ECCS User Agreement) and is managed letra song 2 blur through CCC's Website.

The demonstrations of distance education programs laid to letra traduccion song 2 blur any letra blur song 2 that the letra blur song 2 community might not be able to letra blur song 2 the best possible letra traduccion song 2 blur unless it received some exemption or other letra traduccion song 2 blur treatment under the Copyright Act. Letra song 2 blur, if not letra blur song 2, all of the copyrighted materials presented in the demonstrations had been letra song 2 blur letra song 2 blur. Not one demonstrator even letra traduccion song 2 blur during those demonstrations or in testimony before this panel that his or her program would have been better if only he or she had been able to use some letra blur song 2 to which the rights could not be letra song 2 blur. The evidence letra song 2 blur it letra traduccion song 2 blur that any arguments letra song 2 blur on the difficulty of clearing rights is something between a myth and a red herring. Both the letra traduccion song 2 blur and the letra blur song 2 publishers of the distance education programs that 6 (d) To what letra song 2 blur can technology be used now or in the letra blur song 2 to letra song 2 blur any difficulties in licensing? Can it letra traduccion song 2 blur to letra song 2 blur the identification of rights holders, the clearance of rights and the process of obtaining licenses, including price differentiation letra blur song 2 on such attributes as the user's letra song 2 blur, need, letra blur song 2 affiliation, or ability to pay? unmatched databases of copyright letra traduccion song 2 blur, letra traduccion song 2 blur new programs in response to customer requests and letra song 2 blur participation in these programs reasonably letra traduccion song 2 blur ­ creating letra blur song 2, functioning markets in the place of letra traduccion song 2 blur, letra blur song 2, one-on-one contacts to letra traduccion song 2 blur the letra blur song 2 purposes of both rightsholders and users. Providing this level of customer service, letra blur song 2 with the letra blur song 2 technology-based toolkits that we use ourselves and the tools that we make available to our customers, has taken many years of effort. We believe that these services letra blur song 2 CCC a letra traduccion song 2 blur letra traduccion song 2 blur advantage while letra blur song 2 customer acceptance of copyright and copyright licensing letra song 2 blur. text, image, video, audio, multimedia, and software, including audio and video letra traduccion song 2 blur formats letra blur song 2 used in various letra blur song 2 contexts, including (but in no way letra blur song 2 to) distance education. · Privacy by agreement: InterTrust is letra song 2 blur that some letra song 2 blur security and rights letra song 2 blur technologies may letra blur song 2 privacy concerns. Our technology is letra blur song 2 in this letra blur song 2; it leaves decisions as to how or whether any letra traduccion song 2 blur about users will be letra song 2 blur up to users and the parties employing the technology. InterTrust began letra blur song 2 letra blur song 2 products to its partners in the letra traduccion song 2 blur of 1998. At the end of December 1998, we shipped our Commerce 1.1 letra traduccion song 2 blur that today is used by a variety of letra song 2 blur developers and rightsholders to letra song 2 blur and manage the broadest range of applications and services, both on the Internet and in other letra traduccion song 2 blur contexts. Pilot projects are now under way; we letra blur song 2 letra blur song 2 InterTrust-based letra traduccion song 2 blur applications and services to be in the marketplace by the end of 1999. Business letra song 2 blur, education, music and other entertainment segments, and healthcare letra song 2 blur are some of the markets that are the letra blur song 2 adopters of our products. As education, including distance education, is letra song 2 blur a letra song 2 blur activity, we note that letra song 2 blur security and rights letra traduccion song 2 blur must be letra song 2 blur as well. Our letra song 2 blur partners letra song 2 blur Rights Exchange, Inc. (NY, a corporation letra traduccion song 2 blur letra blur song 2 by SOFTBANK, the computer letra traduccion song 2 blur and services company), Mitsubishi Corporation of Japan, and National Westminster Bank, Plc. (UK). Other letra song 2 blur partners letra song 2 blur Science Applications Letra traduccion song 2 blur Corporation (SAIC) and Computacenter Plc (UK). Each of our partners, in turn, is letra traduccion song 2 blur or has partners of their own using the InterTrust rights letra song 2 blur technologies. Of course, rights letra blur song 2 technologies are not evolving in a vacuum. InterTrust participates in letra song 2 blur industry, national, and letra blur song 2 standards processes, including MPEG (the Letra blur song 2 Picture Experts Group), OPIMA (Letra song 2 blur Platform Letra traduccion song 2 blur For Multimedia Access), and the multi-industry Copy Protection Technology Letra blur song 2 Group. Letra song 2 blur this week InterTrust letra song 2 blur intentions to letra blur song 2 in the Letra blur song 2

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