Copyright

Important Point about TEACH Act

Important: The TEACH Act applies to synchronous instruction, NOT asynchronous. Please refer to Fair Use when using copyrighted materials for asynchronous instruction.

 

What is the TEACH Act?

The TEACH Act

The TEACH Act (Technology, Education, and Copyright Harmonization Act, 2002) (Section 110(2)) allows educators to perform or display copyrighted works in distance education environments. If you would like to show a video or display an image during your online class, you may want to consider whether that use is allowable under the TEACH Act.

Implementing TEACH can be difficult because of its complexity and the many detailed requirements for instructors, technologists, and institutions.

Benefits of the TEACH Act

  • Performances and displays of nearly all types of copyrighted works
  • Transmission of digital materials to students at distant education locations
  • Storage of copyrighted content for brief periods of time, such as that which occurs in the process of transmitting digital content
  • Creating digital versions of print or analog works

Requirements of the TEACH Act

In order to take advantage of these benefits, instructors and institutions must meet certain policy requirements specified by the TEACH Act. Reasonable measures to assure that only enrolled students will have access to materials during the course of instruction must be in place before TEACH exemptions can be made. Below is a list of requirements:

  • The teaching must occur at an accredited, nonprofit educational institution.
  • Only lawfully acquired copies may be used.
  • Use is limited to performances and displays. The TEACH Act does not apply to materials that are for students' independent use and retention, such as textbooks or readings.
  • Use of materials must be within the context of "mediated instructional activities" analogous to the activities of a face-to-face class session.
  • The materials to be used should not include those primarily marketed for the purposes of distance education (i.e. an electronic textbook or a multimedia tutorial).
  • Only those students enrolled in the class should have access to the material.
  • Reasonable efforts must be made to prevent students from distributing the material after viewing it.
  • If a digital version of the work is already available, then an analog copy cannot be converted for educational use.
  • Students must be informed that the materials they access are protected by copyright.
  • The educational institution must have a policy on the use of copyrighted materials and provide informative resources for faculty advising them on their rights.

The requirements for complying with the TEACH Act are numerous and onerous. As opportunities for applying the TEACH Act are limited in scope, keep in mind that you may also consider to fair use when using copyrighted works online and in distance education settings.

TEACH Act Resources
"Copyright Law and Distance Education: Overview of the TEACH Act" by Kenneth Crews, updated 2010 (PDF)
Additional up-to-date (2010-2011) context from Columbia University
"Balancing Copyright Concerns: The TEACH Act of 2001," by Laura Gasaway, Educause Review. Nov/Dec 2001 (PDF)
"Slow Start for Long-Awaited Easing of Copyright Restriction," Chronicle of Higher Education. March 2003

Adapted from "Copyright Services: The TEACH Act" by University of Minnesota Libraries, used under Creative Commons Attribution-Non-Commerical License. "What is the TEACH Act?" is licensed under Creative Commons Attribution-Non-Commerical License by Marla Beebe

TEACH Act

Ready to use the TEACH Act? Use this handy checklist to see

__ 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 digital distance 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 with technological protections that prevent my using it for the class in the way the statute authorizes

"TEACH Act Checklist" by University of Texas Libraries, used under Creative Commons Attribution-NonCommercial 2.0 Generic License