Limitations on the Rights of Owners - Displays and Performances in Distance Learning

What is the TEACH Act?

The TEACH Act (Technology, Education, and Copyright Harmonization Act) is a revision of Section 110(2) of the copyright law which addresses the use of copyrighted materials in distance education. The section was revised to reflect the needs of educators to use copyrighted materials in distance learning courses as distance learning evolved from basic institutional broadcasting to today’s use of the Internet and other digital transmissions. The TEACH Act provides limited exemptions for the transmission of copyrighted materials to students in the classroom or in distance learning environments.

The Provisions of the TEACH Act:

The TEACH Act governs the use of copyrighted materials for educational purposes where such materials are transmitted via digital networks, either in “pure” distance learning “pure” distance learning environments where the teacher is in a different location from the students or in more traditional classroom settings. The TEACH Act permits use of copyrighted materials in distance education classes offered by an accredited, non-profit educational institution provided that the institution has a copyright policy in place and that it makes copyright resources available to instructors, staff and students. In addition, all of the following conditions must be met.

1. All of the copyrighted materials used must be lawfully made and acquired (or the instructor should have no reason to believe they are not lawful copies). Further, the copyrighted materials cannot be materials produced or market primarily for use in distance learning courses, nor can they include materials such as textbooks, course packs or other works that are typically purchased by the student for use in the class.
2. Any copyrighted materials used must be directly related to the content of the course in which they are used.
3. Instructors may make use of performances of nondramatic literary or musical works and reasonable and limited portions of other types of copyrighted works, provided that the portion of the material used is comparable to that typically used in a live class session.
4. The performance or display of the work must be made by, at the direction of, or under the supervision of the instructor.
5. The performance or display of the work must be an integral part of a mediated instructional activity. That is, the work cannot simply be uploaded to a network for students to access at any time, but should only be accessible while the student is “attending” the particular class session in which they work is used.
6. Courses including copyrighted materials may only be transmitted to students enrolled in the class. Technological controls, such as passwords, must be used to prevent unauthorized access to the materials.
7. Each transmission of a course that includes copyrighted materials must be accompanied by a clear warning that materials displayed or performed may be protected by copyright law, and copyright notices for the materials used should be included whenever possible.
8. In the case of courses transmitted through digital means, reasonable technological protection measures must be employed to prevent the following:
• Retention of the work in an accessible form past the end of the class session;
• Unauthorized further dissemination of the work to others; and
• Interference with any encryption or other protective measures employed by the copyright owner.

Using the TEACH Act Provisions

Implementation of the TEACH Act requires effort and cooperation on the part of staff in several areas of the institution. A number of guides and checklists for implementation of the TEACH Act are available; some of these are listed below. If a particular use of copyrighted materials in digital environments does not meet all of the TEACH Act requirements, the use may still be allowed under the fair use provisions or copyright permission may be sought.

Resources:

Websites:

Teach Toolkit: http://www.lib.ncsu.edu/scc/legislative/teachkit/overview.html

Copyright Crash Course: The Teach Act Finally Becomes Law: http://www.utsystem.edu/ogc/intellectualproperty/teachact.htm

Teach Act Checklist (IUPUI): http://www.copyright.iupui.edu/teachlist.htm

Publications:

Gasaway, Laura N. “Balancing Copyright Concerns: The TEACH Act of 2001.” EDUCAUSE Review, Nov.-Dec. 2001