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Copyright Center: TEACH Act (FY 07-08)

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TEACH Act

TEACH Act

     What is the TEACH Act?  

     The Technology, Education, and Copyright Harmonization (TEACH) Act was signed by President Bush on November 2, 2002.  "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 TEACH Act's qualifying requirements.  Its primary purpose is to balance the needs of distance learners and educators with the rights of copyright holders.  The TEACH Act applies to distance education that includes the participation of any enrolled student, on or off campus." ~ Copyright Clearance Center's, "The TEACH Act: New Roles, Rules and Responsibilities for Academic Institutions".  In other words, the purpose of the TEACH Act is to improve previous regulations, primarily to distance education specifically in sections 110(2) and 112(f) of the U.S. Copyright Act.

 

TEACH Act Requirements:

        * Accredited, non-profit institution

        * Copyright policy publicized

        * Copyright information notice displayed on works

        * Enrolled students limitations

        * Mediated instructional activities

        * Reasonable portions of works

 

Technology Requirements:

        * User authentication for enrolled students

        * Limited access for time period within class session

        * Prevention of copying and distributing of copyrighted works

 

What the TEACH Act Does NOT Allow:

        * Electronic reserves, course packs, and interlibrary loan

        * Commercial document delivery

        * Textbooks or other digital content provided under license from publisher

        * Conversion of materials from analog to digital formats

        * Does not supersede fair use or existing digital license agreements      

       * Taken from Copyright Clearance Center's, "The TEACH Act: New Roles, Rules and Responsibilities for Academic Institutions"

 

Useful Links:

    American Library Association (ALA):  The TEACH Act and Frequently Asked Questions     

    North Carolina State University:  The TEACH Act Toolkit

    Copyright Clearance Center:  The TEACH Act: New Roles, Rules and Responsibilities for Academic Institutions