In 2002, Congress passed the Technology, Education, and Copyright Harmonization (T.E.A.C.H.) Act to address copyright concerns in online distance learning and course management systems. Previously, copyright law strictly limited educators’ ability to remain compliant in an online setting. The T.E.A.C.H. Act expands rights in the following ways:
In order to be T.E.A.C.H. Act compliant, there is a formidable list of conditions that must be met by the educational institution. At this time, Wayne State University has not implemented the T.E.A.C.H. Act and WSU faculty are not able to use the act to justify their use of copyright materials within their online instruction.
The Technology, Education and Copyright Harmonization (TEACH) Act of 2002 is an amendment to U.S. copyright law that permits the performance and display of copyrighted works for distance education. In order to apply the TEACH Act, the following requirements must be satisfied:
The requirements for complying with the TEACH Act are numerous and onerous. As opportunities for applying the TEACH Act are limited in scope, keep in mind that you may also consider to fair use when using copyrighted works online and in distance education settings.
The Technology, Education and Copyright Harmonization (“TEACH”) Act was enacted in November 2002 as an amendment to the Copyright Act of 1976. Under the Teach Act, accredited, nonprofit U.S. educational institutions are permitted to make certain copyright-protected materials available online to students, without having to obtain permission from the copyright holder. It is important to emphasize that the TEACH Act’s exemptions are intended for distance learning purposes only.
In selecting the works to display on their course websites, faculty members are responsible for determining whether each work meets the requirements of the TEACH Act. When invoking the TEACH Act, here are important guidelines to follow:
Material authorized for online display under the TEACH Act:
Restrictions on access under the TEACH Act:
Notice required under the TEACH Act:
Make sure a notice similar to the following is placed prominently on each course website:
Materials on University course and project sites may be subject to copyright protection, and may be restricted from further dissemination, retention or copying. Unauthorized use of copyrighted materials is subject to disciplinary actíon pursuant to the University’s policy against copyright infringement, and to civil and criminal liability provided under federal copyright law.
The information presented in this guide is intended for informational purposes only and should not be construed as legal advice. If you have specific legal questions, please contact the DCCCD General Counsel.