The TEACH Act and YouTechnology, 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

instructionOnly officially registered students may view

materialsWorks must be quickly removed from viewingSchools must have means to protect the copyright

of any materials being transmitted(Simpson, 2005, p. 116)

What is Distance Education?Takes place in isolated sessionsEach part occurs within a confined span of timeInstructional activities must resemble traditional

classroom sessionsTeacher-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 MakersInformational Technology StaffInstructors(Crews, 2002; Simpson, 2005)

Responsibilities of Policy MakersBenefits only apply to accredited nonprofit institutionInstitution must adopt a copyright policyMust distribute copyright information to faculty,

students, and staff (copyright compliance training)Must notify students that course materials may be

protected by copyrightOnly students enrolled in course may have access to

transmitted materials(Crews, 2002, pp. 5-6; Simpson, 2005, p. 117)

Responsibilities of IT StaffCreate a system that allows access to materials only by

students enrolled in a specific classTechnological controls to protect against unauthorized

sharing and reproductionInstitution’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 InstructorsOversee all use of copyrighted materials

Use must be part of regular instructionUse must be directly related to current instructionUse cannot be for entertainment or rewards

May not digitize textbooks or workbooks or other materials students would normally purchase

May digitize materials IFAmount is appropriately limitedThe work is not available digitally

(Crews, 2002, pp. 8-10; Simpson, 2005, pp. 117-118)

What is Allowed?Permitted MaterialsNondramatic literary worksNondramatic musical worksPortions of dramatic works

and audiovisual worksDisplays of any work in an

amount comparable to that in a traditional classroom session

(Crews, 2002, p. 8)

Excluded MaterialsComplete or long worksWorks stored on Web

sites without protectionMaterials available on

demand (all works must be made available for a specific, limited time frame)

(Simpson, 2005, p. 116)

What can Librarians do?Help develop institution’s copyright policyOrganize the gathering of copyright information

materials needed for complianceDevelop 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 programsExpand reserve services or database accessPurchase 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).

ReferencesArmatas, 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://0-search.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.