The TEACH Act is a copyright exemption that covers teaching conducted through digital transmission; it addresses the performance and display of copyrighted materials used in teaching. Even if your class has on ground, face to face sessions, anything you transmit through course delivery systems, such as Angel or Blackboard, would fall under the TEACH Act, unless you choose to use Fair Use as an alternative. The TEACH Act is not a wild card exemption to do anything you want; it comes with limitations.
Teachers have more privileges in face-to-face teaching situations for the use of copyrighted materials than teachers in online instruction. The TEACH Act attempts to bring the two environments closer together, but the playing fields are still not level.
The TEACH Act does not cover the use of textual materials such as readings.
Provisions of the Act
The Act allows teachers to show the full performance of a nondramatic literary or musical work or display the following types of materials (partial list):
Teachers may only display "reasonable and limited portions" of dramatic works. Use only the portions that are necessary to make a point. (Teachers in face to face classrooms may use the following works in their entirety). The following are examples:
Teachers may not transmit or display instructional materials, without permission or licensing, which students are commonly expected to purchase such as:
Works "produced or marketed primarily for performance or display as part of mediated instructional activities transmitted via digital networks" should not be copied, but purchased and used as intended by the publisher.
(2nd example from NCSU)
*LibGuide box information retrieved from UMKC Libraries Copyright, TEACH Act
Please use these examples as a suggested starting point and be sure to use the Fair Use Evaluator. Courts are not bound by established standards or guidelines, and the Copyright Act contains no such standards. Therefore, conducting your own fair use evaluation may demonstrate due diligence in assessing your needs
Always Credit the Source
*LibGuide box information retrieved from Butler University Libraries, 2014.
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