Tip Sheet TEACH Act Primer

The TEACH Act Primer provides essential guidelines for accredited, non-profit educational institutions navigating copyright compliance in distance education. It outlines the requirements for using copyrighted materials in online learning environments, emphasizing the balance between educators' needs and copyright holders' rights. Key topics include the scope of permissible materials, technological measures for compliance, and the limitations imposed by the Act. This primer is a valuable resource for educators and administrators seeking to enhance their understanding of copyright issues related to online teaching.

Key Points

Explains the TEACH Act's requirements for distance education compliance.
Details the types of copyrighted materials that can be used under the TEACH Act.
Outlines the technological measures institutions must implement for compliance.
Clarifies what the TEACH Act does not allow, including electronic reserves and commercial document delivery.

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Enacted in 2002, the Technology, Education, and Copyright Harmonization (TEACH)

Act was the product of discussion and negotiation among academic institutions,

publishers, library organizations, and Congress. It offers many improvements over

previous regulations, specifically sections 110(2) and 112(f) of the U.S. Copyright

Act. The following overview of the TEACH Act seeks to balance the perspectives

of both copyright owners and content users, and provide guidance for today’s

academic institutions.

Although copyright law generally treats digital and non-digital copyright-protected

works in a similar manner, special digital uses, such as online distance learning

and course management systems, require special attention. Some of the special

the TEACH Act.

The TEACH Act facilitates and enables the performance and display of copyrighted

materials for distance education by accredited, non-profit educational institutions

(and some government entities) that meet the TEACH Act’s qualifying requirements.

Its primary purpose is to balance the needs of distance learners and educators with

the rights of copyright holders. The TEACH Act applies to distance education that

includes the participation of any enrolled student, on or off campus.

The TEACH Act

Roles, rules, and responsibilities

for academic institutions

Under the

TEACH Act

• Instructors may use a wider range

of works in distance learning

environments.

• Students may participate in distance

learning sessions from virtually any

location.

• Participants enjoy greater latitude

when it comes to storing, copying

and digitizing materials.

TEACH Act requirements

In exchange for unprecedented access to copyright-protected material for

distance education, the TEACH Act requires that the academic institution meet

specific requirements for copyright compliance and education. For the full list of

requirements, refer to the TEACH Act at www.copyright.gov/legislation/archive/.

In order for the use of copyrighted materials in distance education to qualify for the

TEACH Act exemptions, the following criteria must be met:

• The institution must be an accredited, non-profit educational institution.

• The use must be part of mediated instructional activities.

• The use must be limited to a specific number of students enrolled

in a specific class.

• The use must either be for ‘live’ or asynchronous class sessions.

• The use must not include the transmission of textbook materials, materials

“typically purchased or acquired by students,” or works developed specifically

for online uses.

• 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 of 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 and paste disabling, etc.

What the TEACH Act

does not allow

The exemptions under the TEACH Act

specifically do not extend to:

• 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

converted material is used solely for

authorized transmissions and when a

digital version of a work is unavailable

or protected by technological

measures

It is also important to note that the

TEACH Act does not supersede fair use

or existing digital license agreements.

Ultimately, it is up to each academic

institution to decide whether to

take advantage of the copyright

exemptions under the TEACH Act.

This decision should consider both

the extent of the institution’s distance

education programs and its ability to

meet the education, compliance and

technological requirements of the

TEACH Act.

About CCC

A pioneer in voluntary collective licensing, Copyright Clearance Center (CCC) helps

organizations integrate, access, and share information through licensing, content,

software, and professional services. With expertise in copyright and information

management, CCC and its subsidiary RightsDirect collaborate with stakeholders to design

and deliver innovative information solutions that power decision-making by helping

people integrate and navigate data sources and content assets.

Learn more

To learn more about copyright educational

programming and compliance solutions,

contact CCC.

solutions@copyright.com

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FAQs of Tip Sheet TEACH Act Primer

What are the main requirements of the TEACH Act for educational institutions?

The TEACH Act requires that institutions be accredited and non-profit, ensuring that the use of copyrighted materials is part of mediated instructional activities. Additionally, the use must be limited to enrolled students in specific classes, and it can occur during live or asynchronous sessions. Institutions must also have clear copyright policies in place and implement technological measures to ensure compliance, such as user authentication and content restrictions.

What types of materials are excluded from the TEACH Act exemptions?

The TEACH Act specifically excludes the use of electronic reserves, coursepacks, and interlibrary loans. It also does not cover commercial document delivery or textbooks that students typically purchase. Furthermore, materials developed specifically for online use are not included in the exemptions, ensuring that the Act does not undermine the market for educational resources.

How does the TEACH Act balance the needs of educators and copyright holders?

The TEACH Act aims to facilitate distance education while respecting the rights of copyright holders. By allowing accredited institutions to use a broader range of copyrighted materials, it supports educators in delivering effective online instruction. However, it also imposes strict guidelines and requirements to ensure that copyright owners' rights are not infringed upon, thus creating a framework that benefits both parties.

What technological measures must institutions implement under the TEACH Act?

Institutions must adopt several technological measures to comply with the TEACH Act, which go beyond simple password protection. These measures can include user and location authentication through IP checking, content timeouts, and disabling print and copy functions. Such technologies help ensure that only authorized users can access copyrighted materials, thereby protecting the rights of copyright holders while facilitating educational use.

Tip Sheet TEACH Act Primer

Key Points

FAQs of Tip Sheet TEACH Act Primer

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