Complying with The TEACH ACT Prepared by: Dr. Fritz Dolak Ball State University Prepared by: Dr. Fritz Dolak Ball State University

The T.E.A.C.H. Act = The Technology, Education And Copyright Harmonization Act of 2002 The Act imposes numerous conditions on the use of ©-ed materials and limits the uses of some types of ©-ed materials

Is the TEACH Act Right for Your Use of ©-ed Materials in Distance Education? Your Options For using ©-ed Materials:

Six Options in Approaching the Use of ©-ed Materials in Distance Ed: © Don’t use ©-ed materials © Obtain licensing for ©-ed materials © Rely on Fair Use, §107 and/or © Use free materials and/or © Rely on The TEACH Act and/or © Use the CONFU Multimedia Guidelines

This tutorial will concentrate on DE Option #5: The TEACH Act

The T.E.A.C.H. Act was made the Law of the Land on What is it?

TEACH Act Reminders:  The Technology, Education And Copyright Harmonization Act of 2002  The TEACH Act amends §110(2) of the Draconian limitations of the old §110(2) which variously prohibited the use of ©-ed materials in distance ed.

What Does The TEACH Act Do? 5 Basic Changes:

5 Basic Changes 1 The categories of works that can be performed now includes limited portions of works that used to require permission and/or licensing © However this does not include works produced primarily for educational purposes

5 Basic Changes 2 The concept of physical classroom is removed which now allows students to access digital materials in a course whenever and wherever s/he has access to a laptop or PC

5 Basic Changes 3 Storage of copyrighted materials on a server is now allowed to make available asynchronous use of copyrighted performances and displays

5 Basic Changes 4 Digitized versions of works can be made that are not available in a digital format. © Digital works with no encryption can be used

5 Basic Changes 5 Faculty, staff and students involved in DE are not liable for copyright infringement because of the temporary, cache copies that are made due to the process of digital transmissions

Some Details

The TEACH Act: © Amends the ephemeral recording section by adding §112(f): © This now permits the storing of copyrighted materials on a server in order to allow the performances and displays of ©-ed works now authorized by the new 110(2)

The TEACH Act: © Expands and improves the crippling DE effects of the old §110(2). But…  Still does not fully allow all of the f-2-f rights of §110(1) where there are no limits & no permissions required  The use of AV works and dramatic music works are limited to “reasonable and limited portions”, iow, clips

The TEACH Act: ? What about those “reasonable and limited portions” © The law allows the display of any work in “an amount comparable to that typically displayed in the course of a live classroom setting”

The TEACH Act:  Can/should be used in conjunction with:  Fair use  A major concept in the law is:  Mediated instructional activities ? What is that?

Mediated Instructional Activities: This means that an instructor should be present in the accredited DE environment. The MIA limits the types of ©-ed materials used in DE to the same kinds of materials a f-2-f lecture would use in a f-2-f class.

Mediated Instructional Activities: So…whatever an instructor would display or perform during a f-2-f course can now be used in a DE course. With caveats of course:

Mediated Instructional Activities: 1. The performance or display must be related to the teaching content. 2. The performance or display must be technologically limited to enrolled students. 3. The A/V transmission must be encrypted and/or password protected. AND…

Mediated Instructional Activities: 4. You cannot retain copies past the class session [that term needs a definition by a faculty member, a dean, or chair, etc.]

The TEACH Act:  ONLY covers in-class performances  ONLY covers in-class displays  For any other DE activity, that is, supplementary materials, fair use will probably need to be relied on [4 factors]: © Purpose © Nature © Amount © Effect [$]

The TEACH Act:  You can digitize portions of analog works…but  You cannot digitize an entire literary dramatic work…and  You cannot digitize an entire dramatic musical work

The TEACH Act: ? In sum: What CAN you do?  You can use “reasonable and limited portions” of audiovisual works  You can use “reasonable and limited portions” of dramatic musical works  You can use the entirety of certain works. For example:

The TEACH Act: ? In sum: What CAN you do?  You can transmit an entire NON- dramatic literary work  You can transmit an entire NON- dramatic musical work

The TEACH Act: ? Again: What CAN you do?  You can transmit performances of any works that would be the same amount used in the f-2-f mediated instruction environment

The TEACH Act: Downside: Copies © AGAIN: You cannot retain copies past the class session [that needs a definition by a faculty member, etc.]

The TEACH Act: © Downside: The Troika © Administrative Involvement © Techie Involvement © Instructor Involvement © More information is here

For additional information, please contact:

Fritz Dolak

© Copyright, Fritz Dolak, MMIII, All Rights Reserved