& Teach Act

Click here take interactive quiz: On November 2nd, 2002, the "Technology, Education and Copyright Harmonization Act" (the TEACH Act), part of the larger Justice Reauthorization legislation (H.R. 2215), was signed into law by President Bush. Long anticipated by educators and librarians, TEACH redefines the terms and conditions on which accredited, nonprofit educational institutions throughout the U.S. 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.

 The benefits of the TEACH Act apply only to a "government body or an accredited nonprofit educational institution."  The educational institution must "institute policies regarding copyright."  The institution must "provide informational materials" regarding copyright. These materials must "accurately describe, and promote compliance with, the laws of United States relating to copyright."  In addition to the general distribution of informational materials, the institution must provide "notice to students that materials used in connection with the course may be subject to copyright protection."  The transmission of content must be made "solely for... students officially enrolled in the course for which the transmission is made.

 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.

 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.

 Expanded range of allowed works: permits display and performance of nearly all types of works.  To limited extent, permits storage of transmitted content.  Permits digitization of some analog works.  Expansion of receiving locations: authorizes educational institutions to reach students for distance education at any location.

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 Mr. Williams is a high school psychology teacher, he has decided to begin a discussion on the study of human behavior by having the students listen to streaming audio clips of song s from his public web site. Does Mr. Williams qualify to do this under the Teach Act? Yes or No & Why?  Mrs. Jackson is an instructor for an online science course (using webCT) she is covering the life cycle of a frog and wants to digitize the program titled the Life Cycle of a Frog. The program was first recorded off the local PBS channel on to a VHS tape. She wants to make a real media streaming file of this program to give her students more information on the life cycle of frogs. No DVD exists for this program. Does Mrs. Jackson qualify to do this under the Teach Act ? Yes or No and Why?

1. No. Because these clips are on his public Web site, he is not covered by the Teach Act. If the teacher placed the streaming audio clips within a password-protected course, accessible only to his students, he would be covered by the Teach Act. 2. Yes. First the videotape has been obtained legally according to the for classroom use. Secondly, there is no DVD of the program, making it ok to digitize the video.