Rollin A. Ransom, managing partner of Sidley Austin’s Los Angeles office. (Courtesy photo)
On July 17, Gov. Gavin Newsom announced that, barring substantial improvements in the COVID-19 infection levels in California, public and private K-12 schools in most school districts would not be permitted to open in the fall, and would instead be required to educate students remotely through “distance learning.” This announcement followed the May decision by California State University that most classes in the fall would be held online. Since CSU’s announcement, the University of California campuses have likewise announced that many fall classes would be conducted remotely, though certain campuses have indicated that at least some in-person classes would also be offered. These announcements come amid a nationwide debate regarding the wisdom and safety of in-person education and the efficacy of remote education.
But beyond the question of whether classes should be conducted remotely is how they can be conducted remotely, consistent with the law. Copyright law affords broad protection to original works of authorship, including protection against the unauthorized reproduction, display and public performance of copyrighted works. However, the Copyright Act also includes limitations on the exclusive rights granted to copyright owners, including limitations relating to education.
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