TEACH Act

(Technology, Education and Copyright Harmonization Act)

Redefines the terms and conditions on which accredited educational institutions may use copyright protected materials in distance education—including on websites and by other digital means—without permission from the copyright owner and without payment of royalties.

Provides:

Use of copyrighted materials in portions and conditions analogous to conventional teaching formats by faculty for online instruction providing students access each session within a prescribed time period and will not be able to download or save materials to be used later in semester.

This law is not intended to permit scanning and uploading of full or lengthy works stored on a website for students to access throughout semester.

Requires:

Institutional Duties

· Institutions must “institute polices regarding copyright”

Policies should specify standards educators will follow when incorporating
copyrighted works into distance education.

· Institution must “provide informational materials”

Materials must be provided to “faculty, students and relevant staff members” and must “accurately describe and promote compliance with laws of U.S. relating to copyright”

Possible distribution to include print, websites, and ting to distance ed program.

· Must provide “notice to students that materials used in connection with the course may be subject to copyright protection.” This notice may be brief.

· Content must be made “solely for…students officially enrolled in the course for which the transmission is made.”

IT Duties

· Institution must limit transmission to students enrolled in the particular course “to the extent technologically feasible.”

· Institutions providing “digital transmissions” must implement technical measures to prevent “retention of the work in accessible form by recipients of the transmission…for longer than the class session.” Institution must implement “technological measures” to safeguard recipients of the content from unauthorized downloading, reproduction and dissemination.

· Institution may not interfere or override embedded technological management systems to regulate storage, dissemination or copying of works. Institution should review their systems to assure that systems for delivery of distance education do not interrupt digital rights management code or other technological measures used by copyright owners to control their works.

· Institution may not store or maintain the material on a system where it may be accessed by anyone other than the “anticipated recipients” (enrolled students). Retain copyrighted content on system no longer than necessary to facilitate intended transmission (for a class).

· After use by a class, copyrighted content may be placed in storage (by IT) and retrieved later for use according to law.

Instructor Duties

· May not digitize content if available commercially

· May not digitize copies of performances or displays

· Need to confirm that the exact material converted to digital format is within the scope of materials and “portion” limitation permitted under the new law.

· Performances and displays, involving a “digital transmission,” must be in the context of “mediated instructional activities.” Uses of materials must be “an integral part of the class experience, under supervision of the instructor and analogous to the type of performance or display that would take place in a live classroom setting.” “Mediated instructional activities” do not include uses of textbooks which are typically purchased. Occasional brief handouts may be permitted. Reserves and outside reading may not be permitted to scan and display.

· May not convert materials from analog into digital formats except under the following circumstances.

· Amount to be converted is limited to the amount of appropriate works that may be performed or displayed according to revised Sect. 110 (2) AND

· A digital version of work is not “available to the institution,” or a digital version is available, but is secured behind technological protection measures that prevent its availability for performing or displaying in the distance-education program consistent with Sect 110 (2)