The Technology, Education, and Copyright Harmonization (TEACH) Act (Section 110 (2)) facilitates and enables the performance and display of copyrighted materials for distance education.
It is important to understand that the TEACH Act serves as an extension of existing copyright laws. The TEACH Act covers additional situations that may occur in the digital environment but not in the face-to-face classroom.
The major exceptions to the copyright owner’s exclusive rights are:
Fair Use allows reproduction of copyrighted works for purposes of teaching, scholarship, and research. The statue sets four factors to be considered in determining whether a use is fair:
The four factors to consider are:
In order for the use of copyrighted materials in online education to qualify for the TEACH exemptions, the following criteria must be met:
What TEACH Does Not Allow
The new exemptions under TEACH specifically do not extend to:
It is also important to note that TEACH does not supersede fair use or existing digital license agreements.
It does not cover materials an instructor may want students to study, read, listen to or watch on their own time outside of class. Instructors will have to rely on other rights they may have to post those materials, such as the fair use statute, or get permission.
In the case of films that an instructor may want students to watch on their own time, consult with the library to see if the film or films can be provided to an instructor with all the fair use and permissions obtained legally for the instructor.