1. Introduction to the TEACH Act
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Introduction to the TEACH Act
John T. Harwood (ITS)
Becky Albitz (University Libraries)
Warning: We are not attorneys, and we cannot provide legal advice.
Second Warning: This is a rapidly changing field.
September 2003
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John T. Harwood / PSU

2. Goals For Today
Examine current questions and challenges about copyright and the DMCA
Explore the uncertainties about “fair use”
Speculate about how the TEACH Act will change online learning at Penn State
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3. 1/26/2018
What is Copyright?
“The Congress shall have Power…To promote the Progress of Science and the useful Arts, by securing for limited times to Authors and Inventors the exclusive right to their respective Writings and Discoveries…”
United States Constitution, Article I
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John T. Harwood / PSU

4. What is Copyright? Definitions:
1/26/2018
What is Copyright?
Definitions:
Copyright—The exclusive right given by law for a certain term of years to an author, composer, designer etc. (or his assignee), to print, publish and sell copies of his original work.
Bottom line: a short-term monopoly!
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John T. Harwood / PSU

5. What is Fair about Fair Use?
Fair Use—Use of a copyrighted work, including reproductions for purposes such as criticism, comments, news reporting, teaching, scholarship or research is not an infringement of copyright.
There are 4 factors that are used to determine whether a use falls under the protection of Fair Use.
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6. What is Fair about Fair Use?
Four Factors Determining Fair Use
1. The purpose and character of use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. The nature of the copyrighted work (published or unpublished; fiction or nonfiction);
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7. What is Fair about Fair Use
Fair use factors cont.
The amount and substantiality of the portion used in relation to the copyrighted work as a whole;
The effect of the use upon the potential market for or value of the copyrighted work.
Bottom line: “fair use” is a balancing act. See the IUPUI checklist for help (
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8. Some Examples and Scenarios
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9. 1/26/2018
Is This Copyrighted?
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John T. Harwood / PSU

10. 1/26/2018
Another Example
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John T. Harwood / PSU

11. From the DMCA to the TEACH Act
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12. What in the World is the DMCA?
The DMCA prohibits circumvention of technological protection measures
It prohibits alteration of information imbedded in digital works (e.g., watermarks)
It limits online service providers’ liability
Question: if a PSU faculty member infringes copyright, what happens?
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13. Hope for Online Education
The TEACH Act
The Technology Education and Copyright Harmonization Act of 2001 (S. 487)
Passed by the Senate in June, 2001, and signed by President Bush in November, 2002
A Penn State Committee has started our implementation of the TEACH Act
But many issues are raised
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14. Requirements for PSU
1. PSU is a nonprofit accredited educational institution or a governmental agency
2. PSU has a policy on the use of copyrighted materials (AD-20)
3. PSU provides accurate information to faculty, students and staff about copyright
4. Our systems will not interfere with technological controls within the materials I want to use
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15. Requirements for Faculty
5. The materials I want to use are specifically for students in my class
6. Only those students will have access to the materials (password protected)
7. The materials will be provided at my direction during the relevant lesson
8. The materials are directly related and of material assistance to my teaching content
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16. Requirements for Faculty
9. My class is part of the regular offerings of my institution
10. I will include a notice that the materials are protected by copyright
11. I will use technology that reasonably limits the students' ability to retain or further distribute the materials
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17. Requirements for Faculty
12. I will make the materials available to the students only for a period of time that is relevant to the context of a class session
13. I will store the materials on a secure server and transmit them only as permitted by this law (ANGEL makes this easy)
14. I will not make any copies other than the one I need to make the transmission (what about backups?)
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18. Requirements for Faculty
15. The materials are of the proper type and amount the law authorizes:
Entire performances of nondramatic literary and musical works; reasonable and limited parts of a dramatic literary, musical, or audiovisual works
Displays of other works, such as images, in amounts similar to typical displays in face-to-face teaching
Materials specifically marketed for classroom use for digital distance education
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19. Requirements for Faculty
16. The materials are not among those the law specifically excludes from its coverage:
Materials specifically marketed for classroom use for digital distance education
Copies I know or should know are illegal
Textbooks, coursepacks, electronic reserves and similar materials typically purchased individually by the students for independent review outside the classroom or class session
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20. The TEACH ACT Requires That
17. If I am using an analog original, I checked before digitizing it to be sure:
I copied only the amount that I am authorized to transmit
There is no digital copy of the work available except with technological protections that prevent my using it for the class in the way the statute authorizes
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21. Enough Already!
The TEACH Act allows you to use copyrighted materials without seeking permissions or paying fees if you meet these requirements
That is very good news for online education at Penn State
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22. 1/26/2018
What’s Needed?
We need to educate faculty, staff, and students on the use of copyrighted materials (e.g., the provost’s letter this week)
We need a clear, workable national policy on “fair use” for digital assets
We need to be aggressive but not reckless in asserting how PSU creates, distributes, and manages digital assets
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John T. Harwood / PSU

23. 1/26/2018
What’s Needed?
We need to find ways to share the extraordinary new digital assets that we all are creating (VIUS, CICERO, etc.)
We need effective strategies for helping faculty obtain permissions
Questions? Send them to and continue to visit the website:
1/26/2018
John T. Harwood / PSU