The Teach Act

THE TEACH ACT Oksana Hlodan March 10, 2007

Why consider copyright?
The transmitting institution must
Institute policies regarding copyright
and accurately describe and promote
compliance with copyright laws.
©
The TEACH Act policy (section 110(2) of The Copyright Act)

How does it apply to education?
TEACH pertains to transmissions
of copyrighted work.

What are some examples?
distance education courses
t raditional courses with an online component
cable TV courses

What are the rules?
Accredited, nonprofit educational institutions under certain conditions .
Otherwise, use of the material will have to qualify as fair use.
Or permission must be granted by copyright holder(s).

What is covered?
non-dramatic literary works
non-dramatic musical works
portions of other works
any other work in the amount that would normally be used in a formal classroom

What is not covered?
Digital educational works
Unlawful copies

Other considerations
Works supervised by teacher.
Integral part of a course.
Works directly related to course.
Transmission only to enrolled students.
Copyright holder’s requirements met.

Can I create digital versions?
Yes. Analog works can be converted.
Conversions must be protected.
Digital version must not already be available.

What is fair use?
Use without express permission of the copyright holder(s).
For educational or non profit use only.
Educational use must not impede the marketability of the work.
Section 107 of the American Copyright Law

Are there guidelines?
An article/story, less than 2,500 words.
1,000 words or 10% of prose.
One graphic element from one source.
A poem of less than 250 words; otherwise an excerpt of not more than 250 words.

Can I copy the same author often?
There are limitations on
copying several works of the
same authors.

What is not fair use?
replace an anthology or compilation
consumable works, e.g., workbooks
substitute for book/reprint purchase
re-copying from course to course
copying for sale or profit

How do I get permission to use?
Contact copyright holder(s) re:
N ame(s) of the author, editor, and/or translator
Title, edition, volume number of the work
Copyright date of the work
ISBN for books or ISSN for magazines
Exact pages, figures, and illustrations

What info do I provide?
The number of copies to be made.
How and when the material will be used in course.
Name of the college/university.
Teacher’s full name, position, address, email/tel/fax.

How do I credit the source?
Include the original copyright notice.
Ask for guidelines
from the source.
Know APA formatting.

When in doubt
Contact your
university counsel ’ s office
or
departmental policy person .

References
The TEACH Toolkit (NCSU Libraries): http://www.lib.ncsu.edu/scc/legislative/teachkit/overview.html
Distance Education at a Glance - Guide 12: Copyright and Distance Education (University of Idaho): http://www.uidaho.edu/eo/dist12.html
This presentation is based on the above sources.
Online sources accessed March 10, 2007.

Other resources
TEACH Act Comparison Chart by Loly Gasaway
ALA’s (American Library Association) TEACH Act Analysis by Kenny Crew
Copyright and Distance Education: The TEACH Act by Penny Hoon

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The Teach Act

by Oksana Hlodan

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