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Copyright and Fair Use: TEACH Act

What is the TEACH Act?

Technology, Education, and Copyright Harmonization Act, 2002 (Section 110(2))

This Act was passed in an effort to address the needs of the distance education student and to bring distance education into alignment with what is allowed in a face-to-face classroom.

It specifically allows educators to perform or display copyrighted works in distance education environments.

Requirements of the TEACH Act

  • Only applicable to non-profit educational institutions;
  • Reasonable and limited amounts of materials may be used (clips);
  • A legal copy must be used;
  • The performance/display is made at the direction of the instructor;
  • The performance/display is integral to the instruction;
  • The performance/display is limited to students officially enrolled in the class.

There are also requirements that the institution must meet:

  • A copyright policy must be instituted;
  • Informational materials should be provided to faculty, students, and staff that accurately describe and promote copyright;
  • Digital transmissions of materials:
    • must be technologically protected from
      • retention
      • unauthorized further distribution
    • does not interfere with technological measures put in place by the copyright holders

Additional Information

TEACH Act Checklist at the University of Texas
This checklist determine if the TEACH Act can be used for the justification of materials included in the online classroom. It is provided by the University of Texas as part of their Copyright Crash Course developed by Georgia Harper.