The Technology, Education and Copyright Harmonization Act, more commonly known as the TEACH Act, updated U.S. copyright law regarding the display and transmission of copyright protected materials by accredited, nonprofit educational institutions and is especially relevant for the use of teaching materials online.
TEACH Act Conditions:
• You can perform a nondramatic literary work, a nondramatic musical work, or reasonable portions of any other work.
• You can display any other work in an amount comparable to that typically displayed in a live classroom setting.
• You cannot use works produced or marketed primarily for performance/display as part of mediated instructional activities transmitted via digital networks or unlawfully made copies.
• The works used must be under the actual supervision of an instructor as part of a class session.
• The works must be used as part of systematic mediated instructional activities and directly related and of material assistance to the teaching content.
• You may digitize an analog work if no digital version is available to the institution or the digital version is locked to prevent TEACH uses.
• The transmission (of the performance or display) must be made solely for and reception limited to students enrolled in the course, i.e., access controls.
• You must institute technological measures that reasonably prevent retention in accessible form for longer than a class session (this means prevent printing, saving, downloading, etc.) Also referred to as "downstream controls".
• You must not interfere with technological measures that prevent retention and dissemination put there by the copyright holder.
• Copyright notice must be provided to students.
Source: N.C. State University, "Overview of TEACH Act Requirements" http://www.provost.ncsu.edu/copyright/toolkit/background.php
|
ISSUE |
§ 110(1) CLASSROOM
EXEMPTION |
NEW § 110(2) |
|
|
ELIGIBILITY |
Nonprofit educational institutions |
Accredited nonprofit educational
institutions & government bodies |
|
|
ACTIVITY |
Face-to-face teaching |
Transmissions & over digital
networks |
|
|
WORKS |
All works |
Same + reasonable & limited
portions of other works – except works produced of marketed primarily for
display as part of mediated instructional activity via digital network |
|
|
LIMITATIONS |
For instruction, not entertainment |
Display of any work in amount
comparable to that typically displayed in live classroom. |
|
|
GENERAL |
None |
(1) Systematic mediated
instructional activity |
|
|
COPY RESTRICTIONS |
For audiovisual works, copy must
have been lawfully made |
For all works, copy must have been
lawfully made |
|
|
WHERE |
In a “classroom” |
Anywhere but with technological
conditions met |
|
|
WHO |
Students & teachers |
Solely for students officially
enrolled in course or officers or government employees as part of
official duties or employment |
|
|
TECHNOLOGICAL RESTRICTIONS |
No transmission |
(1) Apply technological
measures that reasonably prevent recipients from retaining works beyond the
class session & further distributing them |
|
|
DIGITIZING WORKS |
Not mentioned |
Okay to digitize portion of
analog work in amount authorized under § 110(2) if: |
|
|
LIABILITY |
Infringement |
Infringement, but not for: |
Source: Laura Gasaway, "Teach Act-Amended Section 110(2)" http://www.unc.edu/~unclng/TEACH.htm
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. Sections of this guide are adapted from UF Libraries.
© Florida State University Libraries | 116 Honors Way | Tallahassee, FL 32306 | (850) 644-2706
