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Copyright and Fair Use

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:

  • I copied only the amount that I am authorized to transmit
  • There is no digital copy of the work available except one with technological protections that prevent my using it for the class in the way the statute authorizes