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.
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
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.
See also:
copyright.com
gpo.gov (PDF)
ala.org FAQ
copyright.lib.utexas.edu
NOTE: The content of these pages are to provide general information about copyright in the college environment. They are not intended as legal advice. Legal advice must be provided in the course of an attorney-client relationship that specifically focuses on all the facts of the particular situation for which legal advice is sought. You must not use the information presented here as a substitute for a licensed attorney.
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