Copyright Laws

The Technology, Education and Copyright Harmonization Act (TEACH Act), an amendment to the US Copyright Act, was enacted in 2002 in response to technology advancements and the impact on distance or online education. The TEACH Act allows for exemptions when  using copyrighted materials in online learning environments of nonprofit educational institutions. It DOES NOT replace or negate fair use, licensing agreements, and has specific criteria that must be met.

TEACH Act Guidelines

1. Only display online copies that were lawfully made and acquired. Do not use pirated works or works copied from a television broadcast. 
2. Only display online material that is an integral part of the course. The material must be directly related and of material assistance to the teaching of the course. The material must also be a part of a required assignment and not an optional or supplemental assignment or activity. 
3. Do not display online textbooks, course packets, and other materials students are usually required to purchase for the course.
4. Do not display any material sold or licensed primarily for online education.
5. If planning to use works in analog form, a professor must determine if a lawfully made digital version is available for purchase, rental, or license. If a digital version is available, you must use that form and not reproduce the analog version in digital format. If there is no digital alternative, the analog version may be converted into digital format and displayed online.
6. The whole work may be used for non-dramatic musical or literary works (music, poetry, or short story reading).
7. If using dramatic musical or literary works (film, music video, opera, musical, etc.), limit the use of the work to an amount and duration comparable to what would be displayed or performed in a live classroom session. It is generally appropriate for instructor-created compilations to be shown online. 
8. If desiring to display digital material not authorized under the TEACH Act, seek a license directly from the copyright holder or determine if unauthorized use may be exempted under the "fair use" provision of the Copyright Act. 

Restrictions on access under the TEACH Act

1. Access to course webpages on which copyright materials are loaded is only available to currently enrolled students.
2. Access to copyrighted material must be limited to the length of time comparable to a live session.  
3. Retention of any copies past the class session, dissemination of any copies, and making copies by enrolled students or other authorized course website users are prohibited.