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

2. 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

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

4. 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

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

6. The T. E. A. C. H. Act was made the Law of the Land on 11-02-02
The T.E.A.C.H. Act was made the Law of the Land on What is it?

7. 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.

8. What Does The TEACH Act Do? 5 Basic Changes:

9. 5 Basic Changes
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

10. 5 Basic Changes
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

11. 5 Basic Changes
Storage of copyrighted materials on a server is now allowed to make available asynchronous use of copyrighted performances and displays

12. 5 Basic Changes
Digitized versions of works can be made that are not available in a digital format.
Digital works with no encryption can be used

13. 5 Basic Changes
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

14. Some Details

15. 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)

16. 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

17. 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”

18. Mediated instructional activities
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?

19. 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.

20. 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:

21. 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…

22. 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.]

23. 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 [$]

24. The TEACH Act: Allows digitization of works for use in digital DE…and
Actually allows bypassing any encryption for limited portion access!

25. 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

26. 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:

27. 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

28. 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

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

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

31. For additional information, please contact:

32. Fritz Dolak 765-285-5330 fdolak@bsu.edu

33. © Copyright, Fritz Dolak, MMIII, All Rights Reserved fdolak@bsu.edu