Tip Sheet TEACH Act Primer

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
copyright requirements of online distance learning are specifically addressed by
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.
© 2011 Copyright Clearance Center, Inc. All rights reserved. 09/21
Learn more
To learn more about copyright educational
programming and compliance solutions,
contact CCC.
solutions@copyright.com
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.

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