In 2002 Congress passed the TEACH Act (Technology, Education, and Copyright Harmonization Act) in an effort to make explicit how copyright works in online, distance education. Previously, when U.S. copyright law applied to the classroom, it applied only to face-to-face settings. While the TEACH Act gave educators some rights in the online, distance education environment corresponding to the rights enjoyed in the face-to-face classroom, the amount of material that may be used in online and distance education classrooms is much more restricted. Moreover, there is a formidable list of conditions that educators must meet before they can use the TEACH Act as legal protection against copyright infringement claims.
Although copyright law generally treats digital and non-digital copyright-protected works in a similar manner, special digital uses, such as online distance learning and course management systems, require special attention. Some of the special copyright requirements of online distance learning are specifically addressed by the TEACH Act.
The TEACH Act facilitates and enables the performance and display of copyrighted materials for distance education by accredited, non-profit educational institutions (and some government entities) that meet the Act's qualifying requirements. Its primary purpose is to balance the needs of distance learners and educators with the rights of copyright holders. TEACH applies to distance education that includes the participation of any enrolled student, on or off campus.
Under TEACH Act :
TEACH Act Requirements
In exchange for unprecedented access to copyright-protected material for distance education, TEACH Act requires that the academic institution meet specific requirements for copyright compliance and education. For the full list of requirements, refer to the TEACH Act at www.copyright.gov/legislation/archive/.
In order for the use of copyrighted materials in distance education to qualify for the TEACH exemptions, the following criteria must be met:
What TEACH Act Does Not Allow
The new exemptions under TEACH Act specifically do not extend to:
It is also important to note that TEACH Act does not supersede fair use or existing digital license agreements.
Ultimately, it is up to each academic institution to decide whether to take advantage of the new copyright exemptions under TEACH Act . This decision should consider both the extent of the institution's distance-education programs and its ability to meet the education, compliance and technological requirements of TEACH Act