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Copyright & Fair Use Guide for Faculty
Guidance on what fair use is, how it works, and how to apply it when using materials in your class
The TEACH Act (Technology, Education, and Copyright Harmonization Act, 2002). (Section 110(2)) allows educators to perform or display copyrighted works in distance education environments.
Benefits of the TEACH Act
Performances and displays of nearly all types of copyrighted works
Transmission of digital materials to students at distant education locations
Storage of copyrighted content for brief periods of time, such as that which occurs in the process of transmitting digital content
Creating digital versions of print or analog works
Requirements of the TEACH Act
In order to take advantage of these benefits, instructors and institutions must meet certain policy requirements specified by the TEACH Act. Reasonable measures to assure that only enrolled students will have access to materials during the course of instruction must be in place before TEACH exemptions can be made. Below is a list of requirements:
The teaching must occur at an accredited, nonprofit educational institution.
Only lawfully acquired copies may be used.
Use is limited to performances and displays. The TEACH Act does not apply to materials that are for students' independent use and retention, such as textbooks or readings.
Use of materials must be within the context of "mediated instructional activities" analogous to the activities of a face-to-face class session.
The materials to be used should not include those primarily marketed for the purposes of distance education (i.e. an electronic textbook or a multimedia tutorial).
Only those students enrolled in the class should have access to the material.
Reasonable efforts must be made to prevent students from distributing the material after viewing it.
If a digital version of the work is already available, then an analog copy cannot be converted for educational use.
Students must be informed that the materials they access are protected by copyright.