Copyright and Fair Use: Teach Act
TEACH Act
Section 110(2) of the Copyright Act, a provision sometimes called the TEACH Act, gives accredited, nonprofit U.S. educational institutions the right, under certain circumstances, to use copyrighted materials for organized instructional activities that are not in face-to-face traditional classroom settings. Fair use, codified at Section 107 of the Copyright Act, also provides users rights to use materials without permission under certain circumstances and can apply to online education.
Checklist
TEACH Act Checklist
Use this handy checklist to see if you are ready to use the TEACH Act
__ My institution is a nonprofit accredited educational institution or a government agency
__ It has a policy on the use of copyrighted materials
__ It provides accurate information to faculty, students and staff about copyright
__ Its systems will not interfere with technological controls within the materials I want to use
__ The materials I want to use are specifically for students in my class
__ Only those students will have access to the materials
__ The materials will be provided at my direction during the relevant lesson
__ The materials are directly related and of material assistance to my teaching content
__ My class is part of the regular offerings of my institution
__ I will include a notice that the materials are protected by copyright
__ I will use technology that reasonably limits the students' ability to retain or further distribute the materials
__ I will make the materials available to the students only for a period of time that is relevant to the context of the class session
__ I will store the materials on a secure server and transmit them only as permitted by this law
__ I will not make copies other than the one I need to make the transmission
__ The materials are of the proper type and amount the law authorizes
- Entire performances of nondramatic literary and musical works
- Reasonable and limited parts of a dramatic literary, musical, or audiovisual work
- Displays of other works, such as images, in amounts similar to typical displays in face-to-face teaching
__ The materials are not among those the law specifically excludes from its coverage:
- Materials specifically marketed for classroom use for online education
- Copies I know or should know are illegal
- Textbooks, coursepacks, electronic reserves and similar materials typically purchased individually by the students for independent review outside the classroom or class session
__ If I am using an analog original, I checked before digitizing it to be sure: