Many of the differences between face-to-face and distance education teaching were resolved by the enactment of the TEACH Act (Technology, Education, and Copyright Harmonization) in November 2002. It amends Section 110(2) of the Copyright Act. Some provisions of the TEACH include:
Some specific changes to 110(2) that are now allowed under TEACH:
Some works are specifically excluded:
There are requirements of the institution and the instructor to implement the TEACH act provisions:
This law is not intended to permit scanning and uploading of full or lengthy works, stored on a website, for students to access throughout the semester-even for private study in connection with a formal course.
The TEACH Act includes a prohibition against the conversion of materials from analog into digital formats, except under the following circumstances:
The TEACH Act is still being evaluated by copyright experts. Georgia Harper has also posed a paper on the University of Texas Copyright Crash Course website about the TEACH Act. The University of Maryland University Center for Intellectual Property has gathered together many helpful links for you.
Remember, you can still use the Fair Use factors to incorporate a work into your class if it is beyond the scope of the TEACH Act.
*Reasonable and limited portions
The definition of 'reasonable and limited portions' has not yet been determined by courts or by precedence. In her book Complete Copyright, Carrie Russell states:
"The use of dramatic literary works--those works with a dramatic element like an opera or play--and any other work (including audiovisual works) is limited to smaller, discrete portions of the work unless performing or displaying the entire work is essential to the course. For example, an instructor teaching the course "Films of John Ford" probably needs to show one of more John Ford films in their entirety to meet course goals. In the rare instance where it is necessary to transmit a digital copy of a film via a computer network to students in remote locations, TEACH could also apply, but only if the digital copy is necessary to meet pedagogical goals."
Each request to digitize and transmit a video will be evaluated on its own merits by the Media Librarian, Copyright Officer and the requesting faculty member. Consider whether the entire work is necessary for pedagogical goals. The Library will consider both Fair Use and the ARL Best Practices in Fair Use for Academic and Research Libraries.