written by Karen Rege, Library Director

WHAT IS THE TEACH ACT?
The Technology, Education, and Copyright Harmonization Act was passed in 2002 to allow distance education classes to use copyrighted materials online in the same manner as copyrighted materials are used in a traditional classroom.

The institution must be accredited and must develop and disseminate a copyright policy to faculty and students.

Technology must be in place to limit the use of materials to only students enrolled in the course.

Technology must, in as much as possible, restrict retention and further dissemination of the copyrighted material.

IMPLICATIONS OF THE TEACH ACT?
In most cases, it is not necessary to seek permission for use or to pay royalties to the copyright owner.

Use may be limited by the amount, the length of time available, and other restrictions.

The concept of “mediated instructional activities” still applies. That is, copyrighted material is used online in the same manner as in a traditional classroom.

This rule includes both websites and course management software like WebStudy, WebCT, or Blackboard.

WHAT IS ALLOWED TO BE PUT ONLINE WITH TEACH?
Performance of non-dramatic literary works. (e.g. audio sample of a poetry reading)

Performance of non-dramatic musical works. (e.g. an audio recording of a Beethoven symphony)

Performance of all others (including dramatic and audio works) in “reasonable and limited portions” (e.g. a video clip of a portion of a scene from an opera or play)

Any work “in an amount comparable to that which is typically displayed in the course of a live classroom session.”

WHAT IS NOT ALLOWED?
Scanning and uploading a lengthy work to a faculty or institutional website. It is better to use a hyperlink to the full work.

Works that are available and marketed for distance education courses. This includes portions of the textbooks and accompanying multimedia.

Whole works gathered through a commercial online database. Place a persistent link to the article instead.

Illegally copied material.

Consumable work. (e.g. pages from a workbook)

FOR MORE INFORMATION…
Books available in the library
Crews, Kenneth. Copyright Law for Librarians and Educators: Creative Strategies and Practical Solutions. Chicago: ALA, 2006.

Lipinski, Thomas. Copyright Law and the Distance Education Classroom. Lanham, MD: Scarecrow Press, 2005.

Websites:
Copyright Management Center. Indiana University-Purdue University Indianapolis

University of California-Berkeley. Frequently Asked Film and Video Copyright Questions.

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