Copyright

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TEACH for Teachers: Quick Reference

The work that you store and transmit for your class must be one of the following:

  • A performance of a non-dramatic literary or musical work
  • A performance of any other work, including dramatic works and audiovisual works, but only in "reasonable and limited portions"
  • A display in an amount comparable to that which is typically displayed in the course of a live classroom session.

The work to be used is not a textbook, course pack, or other material in any media which is typically purchased or acquired by students for their independent use and retention.

  • You cannot digitally store and transmit full sets of materials that are sold for educational uses. If your use of such materials is replacing the need to purchase those materials, you are probably in violation.

The materials you are storing and displaying are:

  • Made by, at the direction of, or under the actual supervision of an instructor as an integral part of a class session regularly offered at the educational institution; and
  • Are directly related and of material assistance to the teaching content of the course; and
  • Are an integral part of a class session regularly offered at the educational institution.

You have no reason to believe that the original copies of the materials you are storing or displaying were not lawfully made or acquired.

If the work to be used has to be converted to digital format:

  • The amount of the work converted must be no greater than the amount that can lawfully be used for the course; and
  • There is no digital version of the work available to the institution or the digital version available to the institution has technological protection that prevents its lawful use for the course.
If you are responsible for the class web site and/or server, please read the following.

There are some important technical aspects of the TEACH law. If you are storing and distributing copyrighted material, you need to be sure that:

You have taken measures to assure that:

  • The students cannot access the material for longer than the class session.
  • There is no unauthorized distribution of the materials for uses not connected to your class.
  • The work that is stored on your network cannot be accessed by people not connected to your class. This would usually require password protection for directories that contain copyrighted material that you are distributing to your students.
  • The copy of the work will only be maintained your network for a period that is reasonably necessary to facilitate the transmissions for which it was made.
  • Any copies made for the purpose of transmitting the work are retained and solely used by the institution.
References:

Copyright Management Center of Indiana University, found on 03.03.28 at http://www.copyright.iupui.edu/teachlist.htm.

The Teach Act Finally Becomes Law, University of Texas, found on 03.03.27 at http://www.utsystem.edu/ogc/intellectualproperty/teachact.htm