The Technology, Education, and Copyright Harmonization (TEACH) Act for Online and Distance Education is a federal law. It represents a complete revision of Section 110(2) of the Copyright Law, and was signed into law in 2002. Specifically, this Act allows for the performance and display of copyrighted works in online and distance education courses but only if certain requirements are met:
- The institution must be an accredited, non-profit educational institution.
- The use must be part of mediated instructional activities (i.e., an instructor is involved).
- The use must be limited to a specific number of students enrolled in a specific class.
- The use must either be for synchronous/“live” (where students and instructor are online at the same time), or asynchronous class sessions (where students and instructor are not online at the same time).
- The use must not include the transmission of textbook materials, materials “typically purchased or acquired by students,” or works developed specifically for online uses.
- Only “reasonable and limited portions,” such as that which might be performed or displayed during a typical live classroom session, may be used.
- The institution must have developed and publicized its copyright policies, specifically informing students that course content may be covered by copyright, and include a notice a copyright on the online materials.
- The institution must implement some technological measures to ensure compliance with these policies, beyond merely assigning a password. Ensuring compliance through technological means may include user and location authentication through Internet Protocol (IP) checking, content timeouts, print-disabling, cut & paste disabling, etc.
The TEACH Act exemption does not cover the following:
- Electronic reserves, coursepacks (electronic or paper) or interlibrary loan (ILL).
- Commercial document delivery.
- Textbooks or other digital content provided under license from the author, publisher, aggregator or other entity.
- Conversion of materials from analog to digital formats, except when the controverted material is used solely for authorized transmissions and when a digital version of a work is unavailable or protected by technological measures.
Source: https://libguides.drew.edu/c.php?g=797757&p=5705120
