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Copyright Issues
     
 
What is TEACH Act?  
   
The “Technology, Education and Copyright Harmonization Act,” referred to as the TEACH Act, is a complete revision of Section 110(2) of the United States Copyright Act. The purpose behind the Act is to protect copyrighted works while allowing colleges and universities to use these materials in distance education courses.

The Act states that it is lawful for faculty and students in accredited, nonprofit educational institutions to provide access to performances and displays of copyrighted works as part of an electronic mediated course if certain conditions are met. If these conditions are not or cannot be met, use of the material must qualify as a “Fair Use” or permission must be granted from the copyright holder(s).
   
TEACH Act Requirements:  
   
1. The institution must be an accredited, non-profit educational institution.
2. The use must be part of mediated instructional activities.
3. The use must be limited to a specific number of students enrolled in a specific class.
4. The use must either be for 'live' or asynchronous class sessions.
5. The use must not include the transmission of textbook materials, materials "typically purchased or acquired by students," or works developed specifically for online uses.
6. Only "reasonable and limited portions," such as might be performed or displayed during a typical live class room session, may be used
7. The institution must have developed and publicized its copyright policies, specifically informing students that course content may be covered by copyright, and include a notice of copyright on the online materials.
8. The institution must implement some technological measures to ensure compliance with these policies, beyond merely assigning a password. Ensuring compliance through technological means may include user and location authentication through Internet Protocol (IP) checking, content timeouts, print-disabling, cut and paste disabling, etc.
   
Additonal Resources listed below for a more indepth research of Fair Use, Copyright law, and cyberspace law - protecting your digital rights.
  American Library Association (ALA) - Copyright
  U.S. Copyright Law: § 107. Fair Use
  Copyright Management Center
  EFF - Electronic Frontier Foundation
Copyright Issues
 
     


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