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Copyright Information & Guidelines: Teach Act

What is the Teach Act?

The “Technology, Education and Copyright Harmonization Act,” commonly known as the “TEACH Act,” was enacted by Congress on October 4, 2002. It is a full revision of Section 110(2) of the U.S. Copyright Act. Its provisions enable educators to use copyrighted materials for distance education, with certain restrictions.

In order for the use of copyrighted materials in distance education to qualify for the TEACH Act exemptions, the following criteria must be met:

  • The institution must be an accredited, non-profit educational institution.
  • The use must be part of mediated instructional activities.
  • The use must be limited to a specific number of students enrolled in a specific class.
  • The use must either be for ‘live’ or asynchronous class sessions.
  • The use must not include the transmission of textbook materials, materials “typically purchased or acquired by students,” or works developed specifically for online uses.
  • Only “reasonable and limited portions,” such as might be performed or displayed during a typical live classroom session, may be used.
  • The institution must have developed and publicized its copyright policies, specifically informing students that course content may be covered by copyright, and include a notice of copyright on the online materials.
  • The institution must implement some technological measures to ensure compliance with these policies, beyond merely assigning a password. Ensuring compliance through technological means may include user and location authentication through Internet Protocol (IP) checking, content timeouts, print-disabling, cut and paste disabling, etc.

SECTION 110(2)

Consider adding SECTION 110(2) from University of Texas, https://guides.lib.utexas.edu/copyright/teachact

Teach Act Checklist

__ My institution is a nonprofit accredited educational institution or a government agency

__ It has a policy on the use of copyrighted materials

__ It provides accurate information to faculty, students and staff about copyright

__ Its systems will not interfere with technological controls within the materials I want to use

__ The materials I want to use are specifically for students in my class

__ Only those students will have access to the materials

__ The materials will be provided at my direction during the relevant lesson

__ The materials are directly related and of material assistance to my teaching content

__ My class is part of the regular offerings of my institution

__ I will include a notice that the materials are protected by copyright

__ I will use technology that reasonably limits the students' ability to retain or further distribute the materials

__ I will make the materials available to the students only for a period of time that is relevant to the context of the class session

__ I will store the materials on a secure server and transmit them only as permitted by this law

__ I will not make copies other than the one I need to make the transmission

__ The materials are of the proper type and amount the law authorizes

  • Entire performances of nondramatic literary and musical works
  • Reasonable and limited parts of a dramatic literary, musical, or audiovisual work
  • Displays of other works, such as images, in amounts similar to typical displays in face-to-face teaching

__ The materials are not among those the law specifically excludes from its coverage:

  • Materials specifically marketed for classroom use for online education
  • Copies I know or should know are illegal
  • Textbooks, coursepacks, electronic reserves and similar materials typically purchased individually by the students for independent review outside the classroom or class session

__ If I am using an analog original, I checked before digitizing it to be sure:

  • I copied only the amount that I am authorized to transmit
  • There is no digital copy of the work available except one with technological protections that prevent my using it for the class in the way the statute authorizes

 

Use of this Guide & Sources Consulted

Use of the Guide

This guide is designed to provide basic, general information about copyright, and does not constitute legal advice, it is for reference purposes only. The links to third party sites in this guide are provided for your convenience. Klinck Memorial Library does not take responsibility for the content of these other sites. 

Copyright and Fair Use Information at CUC

 

Created November 20,2024 by Ann Berens & Erika Quintana