TEACH+Act

 === The TEACH Act expands the scope of educators' rights to perform and display works and to make the copies integral to such performances and displays for digital distance education, making the rights closer to those we have in face-to-face teaching. But there is still a considerable gap between what the statute authorizes for face-to-face teaching and for distance education. ===

The TEACH Act primarily facilitates distance learning by expanding the copyright exemption for instruction. Changes resulting from the TEACH Act include an expansion of the range of allowable works in distance education settings. It permits the performance or display of complete non-dramatic literary or musical works, such as the reading of a poem or short story, or listening to music other than opera or musicals. Showing films or videos is still restricted to limited portions. The TEACH Act also expands the permissible receiving locations for distance education beyond classrooms or computer labs. Use of digital materials must be part of "mediated instructional activities," must be the same type of materials that an instructor would use as a part of a classroom session, and must be directly related to the content of the course. Ancillary works that might be viewed or listened to outside of class are not included under the exemption. The TEACH Act permits digitizing analog works as long as the works are not already available in digital form. Commercial works marketed for the educational market, such as electronic texts or workbooks, cannot be used under the TEACH Act exemption, and paper versions of these works cannot be digitized. In order to retain the protection offered by the TEACH Act, all materials used in the course must be legally obtained. The benefits of the TEACH Act apply only to accredited non-profit educational institutions or government bodies. Institutions must have policies regarding copyright, and must disseminate copyright information and promote copyright compliance. Institutions must also provide notice to students that course materials may be copyright protected. Institutions should limit the transmissions to students enrolled in the particular course to the extent technologically feasible. The TEACH Act allows temporary storage of copyrighted material on a server to facilitate asynchronous teaching situations.
 * Benefits to educational institutions under the TEACH Act:**
 * Duties and requirements for instructors:**
 * General institutional requirements established under the TEACH Act:**
 * Information technology requirements established under the TEACH Act:**


 * In short, the following actions are allowed under the TEACH Act:**
 * Display (showing of a copy) of any work in an amount analogous to a physical classroom setting.
 * Performance of nondramatic literary works.
 * Performance of nondramatic musical works.
 * Performance of "reasonable and limited" portions of other types of work (other than nondramatic literary or musical work) EXCEPT digital educational works.
 * Distance-education students may receive transmissions at any location.
 * Retention of content and distant student access for the length of a "class session."
 * Copying and storage for a limited time or necessary for digital transmission to students.
 * Digitization of portions of analog works if no digital version is available or if digital version is not in an accessible form.
 * The following are NOT allowed under the TEACH Act:**
 * Works that are marketed "primarily for performance or display as part of mediated instructional activities transmitted via digital networks" (commercially available digital educational materials)
 * Unlawful copies of copyrighted works under the U.S. Copyright Law, if the institution "knew or had reason to believe" that they were not lawfully made and acquired.