The TEACH Act and You
Technology, Education, and Copyright Harmonization Act
Emily Hester
Before the TEACH Act…
 Under 1976 copyright law, online transmissions of
copyrighted works was not allowed even when the same
materials could be shown in a face-to-face setting and
be protected by fair use (Simpson, 2005, p.28)
 Teachers could use materials in a face-to-face learning
environment but were unable to transmit (by radio,
video, and later online) any copyrighted works
(Simpson, 2005, p. 115)
 Explicit permission was needed for online transmission
of any work (Simpson, 2005, p. 28)
What is the TEACH Act?
 T.E.A.C.H. Act = Technology, Education, and Copyright
Harmonization Act
 Created because of a stipulation in the Digital Millennium
Copyright Act which required the Register of Copyrights to
develop guidelines for distance education (Simpson, 2005, p.
115)
 Completely revises section 110(2) of U.S. copyright law with
legislation that provides guidelines on how protected materials
can be used in distance education (Simpson, 2005, p.115)
 “The TEACH Act essentially changed the terms and conditions
under which eligible educational institutions could incorporate
copyrighted works into their electronically transmitted courses”
(Armatas, 2008, p. 74).
What are the Guidelines?
 Materials must be directly connected to current
instruction
 Only officially registered students may view materials
 Works must be quickly removed from viewing
 Schools must have means to protect the copyright of
any materials being transmitted
(Simpson, 2005, p. 116)
What is Distance Education?
 Takes place in isolated sessions
 Each part occurs within a confined span of time
 Instructional activities must resemble traditional
classroom sessions
 Teacher-directed activities such as lectures are favored
to qualify for TEACH Act exemptions
(Crews, 2002, p. 3; Simpson, 2005, p. 116)
Who is Responsible for Complying?
 Policy Makers
 Informational Technology Staff
 Instructors
(Crews, 2002; Simpson, 2005)
Responsibilities of Policy Makers
 Benefits only apply to accredited nonprofit institution
 Institution must adopt a copyright policy
 Must distribute copyright information to faculty,
students, and staff (copyright compliance training)
 Must notify students that course materials may be
protected by copyright
 Only students enrolled in course may have access to
transmitted materials
(Crews, 2002, pp. 5-6; Simpson, 2005, p. 117)
Responsibilities of IT Staff
 Create a system that allows access to materials only by
students enrolled in a specific class
 Technological controls to protect against unauthorized sharing
and reproduction
 Institution’s transmission of materials cannot interfere with
technological measures (restrictive codes) placed by
copyright owners to control their works
 Must make long term retention of materials out of student
reach
 Institution can store materials and reuse from term to term
(Crews, 2002, pp. 6-8; Simpson, 2005, p. 117)
Responsibilities of Instructors
 Oversee all use of copyrighted materials
 Use must be part of regular instruction
 Use must be directly related to current instruction
 Use cannot be for entertainment or rewards
 May not digitize textbooks or workbooks or other
materials students would normally purchase
 May digitize materials IF
 Amount is appropriately limited
 The work is not available digitally
(Crews, 2002, pp. 8-10; Simpson, 2005, pp. 117-118)
What is Allowed?
Permitted Materials
Excluded Materials
 Nondramatic literary works
 Complete or long works
 Nondramatic musical works
 Works stored on Web sites
without protection
 Portions of dramatic works
and audiovisual works
 Displays of any work in an
amount comparable to that
in a traditional classroom
session
 Materials available on
demand (all works must be
made available for a
specific, limited time
frame)
(Crews, 2002, p. 8)
(Simpson, 2005, p. 116)
What can Librarians do?
 Help develop institution’s copyright policy
 Organize the gathering of copyright information
materials needed for compliance
 Develop collection policies for copies of distance
education transmissions that may be held by the library
 Collect appropriate materials for teachers’ use in
distance education transmissions
(Crews, 2002, p. 11)
What can Librarians do?
 Offer alternative access to materials that cannot be
included in distance education programs
 Expand reserve services or database access
 Purchase alternative formats or multiple copies of works
 Use copyright knowledge to decide when fair use can be
applied rather than the TEACH Act
 Stay current by researching and tracking developments
related to the TEACH Act
(Crews, 2002, p. 11)
Remember…
 “Librarians need to stay on top of changes in the
copyright law” (Russell, 2003, p. 54).
 “Continue learning and remain involved in decisions
affecting copyright policy at your school” (Russell, 2003,
p. 54).
 “Librarians have a mission centered on the management
and dissemination of information resources. Distance
education is simply another form of exactly that
pursuit” (Crews, 2002, p. 10).
References
Armatas, S. (2008). Distance learning and copyright: A guide to legal
issues. Chicago, IL: ABA Publishing.
Crews, K. (2002). New copyright law for distance education: The
meaning and importance of the TEACH Act. Retrieved from
http://www.ala.org/issuesadvocacy/copyright/teachact/
teachsummary.pdf
Russell, C. (2003). A tough act to follow. School Library Journal,
49(11), 52-54. Retrieved from http://0search.ebscohost.com.ucark.uca.edu/login.aspx?
direct=true&db=afh&AN=11297485&site=ehost-live
Simpson, C. (2005). Copyright for schools: A practical guide (4th ed.).
Worthington, OH: Linworth Publishing, Inc.