Answered By: Katie Hutchison
Last Updated: Aug 08, 2016     Views: 109

The TEACH Act was signed into law in 2002, to help address the growing concerns regarding the use of copyrighted materials in distance education courses.  While the TEACH Act makes allowances for the use of some copyrighted materials, instructors must adhere to strict guidelines.  If the TEACH Act guidelines cannot be followed in a distance education course, instructors should turn to fair use options.

 

TEACH Act Checklist

The requirements for applying the TEACH Act are fairly extensive. See the TEACH Basic Checklist, below, from North Carolina State University:

  • Accredited nonprofit educational institution
  • Institutional copyright use policy
  • Educational materials on copyright available
  • Work is not a digital educational work
  • Work is lawfully made and acquired
  • Work is integral to class session
  • Work is part of systematic mediated instructional activities
  • Work is directly related/material assistance to teaching
  • Work is:
    • Nondramatic literary work (may use all)
    • Nondramatic musical work (may use all)
    • Reasonable and limited portion of any other work (FOR A PERFORMANCE )
  • Display of any work in amount analogous to live classroom setting
  • Reception limited to students enrolled in course
  • Reasonable downstream controls instituted
  • No retention of work longer than class session and
  • No dissemination beyond recipient
  • For conversions of analog to digital:
    • No digital version available to institution or
    • Digital version available is technologically protected
  • Warning notice to students present on work  

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