TEACH Act Basics:
- signed into law in November 2002
- acronym stands for Technology, Education, and Copyright Harmonization Act
- amends sections of the U.S. Copyright Act - 110(2) and 112(f)
TEACH Act and Distance Education:
According to the Copyright Clearance Center, the TEACH Act:
- gives instructors a greater range of usable copyrighted materials
- allows students to participate in distance education from anywhere
- grants more leeway in the storage, copying and digitization of copyrighted works
TEACH ACT Requirements:
Under the TEACH Act an institution must meet the following requirements for copyright compliance:
- be non-profit and accredited
- participate in mediated instruction
- limit student enrollment in classes
- deliver class sessions via 'live' or asynchronous methods
- refrain from transmitting course materials traditionally purchased by students (ex. textbooks)
- develop and publicize copyright policies
- inform students that "course content may or may not be covered by copyright"
- post notices of copyright on any online resources/materials
- implement technological procedures to ensure copyright compliance (more than just assigning passwords):
- location and user authentication (IP based)
- time outs for content viewing
- disabling right-click, copy-paste, print options
The Campus Guide to Copyright Compliance. (2005). Copyright Clearance Center | The Copyright Licensing Experts. Retrieved from Copyright Basics: The TEACH Act
What is NOT Covered:
New exemptions do not extend to:
- interlibrary loan (ILL), electronic reserve materials, coursepacks (paper and electronic formats)
- delivery of commercial documents
- content provided through licensing from an aggregator, author, or publishing company
- the conversion of analog materials. However, conversion to digital is allowed if the material "is used solely for authorized transmissions and when a digital version of a work is unavailable or protected by technological measures"
The Campus Guide to Copyright Compliance. (2005). Copyright Clearance Center | The Copyright Licensing Experts. Retrieved from Copyright Basics: The TEACH Act