Copyright: TEACH Act

• Balancing Copyright Concerns: The TEACH Act of 2001
  Article written by Laura N. Gassaway
• Distance Education and the TEACH Act
  Excellent summary of the TEACH Act provided by the American Library Association.
• TEACH Act Toolkit
  Developed by North Carolina State University.
• The TEACH Act - New Roles, Rules and Responsibilities for Academic Institutions
  Provided by the Copyright Clearance Center.

 Provisions of the Act

The Act allows teachers to show the full performance of a nondramatic literary or musical work or display the following types of materials:

• a sound recording of a poem
• a sound recording of a piece of literature
• a recorded symphony
• still images, photographs (these are considered "displays")
• still images from subscription databases if allowed by license
• text if it is something that would normally be "displayed" in a face to face class; not if it is something only to be read by students

Teachers may only display "reasonable and limited portions" of dramatic works. Use only the portions that are necessary to make a point. (Teachers in  face to face classrooms may use the following works in their entirety).

• dramatic works
• audio/visual works
• musicals
• operas
• commercial films
• music videos

Teachers may not transmit or display instructional materials, without permission or licensing, which students are commonly expected to purchase such as:

• textbooks
• coursepacks
• workbooks
• digital educational work (made for the purpose of performance or display for use in mediated instruction)

Works "produced or marketed primarily for performance or display as part of mediated instructional activities transmitted via digital networks" should not be copied, but purchased and used as intended by the publisher.

Obligations of the teacher under the TEACH Act:

• The performance or display is made by or under the supervision of an instructor.
• The performance or display is directly related and integral to the class content, not ancillary like Reserves
• The work is part of systematic mediated instructional activities
• The "transmission is made solely for and limited to students officially enrolled in the course."
• Materials that are used for performance or display must be lawfully made and acquired.
• Instructor must use reasonable controls to prevent copying and retention of the work, those that would "discourage most users." (streaming is suggested for video; thumbnails, watermarks and disabling right click copy function can be used to protect images.)
• A digital copy may be made from an analog copy when no digital version is available or when the digital version is technologically protected.
• Work must carry a warning notice to students. Examples:

• 
  (2nd example from NCSU)

Quinnipiac University meets these institutional criteria for  the TEACH Act.

1. Must be an accredited, non-profit, educational institution or governmental body
2. The institution "institutes policies regarding copyright, provides informational materials to faculty, students, and relevant staff members that accurately describe, and promote compliance with, the laws of the United States relating to copyright, and provides notice to students that materials used in connection with the course may be subject to copyright protection."
3. "The institution applies technological measures that reasonably prevent:
   
   1. retention of the work in accessible form by recipients of the transmission from the transmitting body or institution for longer than the class session; and
   2. unauthorized further dissemination of the work in accessible form by such recipients to others."
4. The institution "does not engage in conduct that could reasonably be expected to interfere with technological measures used by copyright owners to prevent such retention or unauthorized further dissemination."