2. An Introduction
Teach Act
Stands for Technology, Education and Copyright
Harmonization Act
Passed on November 2, 2002 by President Bush
Allows for non-profit, accredited educational institution
meeting the TEACH Act’s requirements to use
copyrighted materials for educational purposes.
Its purpose:
To allow educators to used copyrighted materials not only in
classroom settings but in distant education classrooms as well
while still respecting the rights of the copyright holders
3. An Introduction
Fair Use Law
“Fair use is the right to use copyrighted materials without
permission or payment under some circumstances—
especially when the cultural or social benefits of the use
are predominant”
Based on a copyright law principles
Use of copyrighted material is acceptable if used for
commentary, criticism, or parody
Do not need permission from copyright owner if used
correctly
4. An Introduction
Fair Use Law
Four Factors:
The purpose and character of your use
The nature of the copyrighted work
The amount and substantiality of the portion taken
The effect of the use upon the potential market
5. Three Guidelines
Accredited non-profit educational institutions
TEACH Act
The Amount and Substantiality of the Portion Taken
Fair Use Law
The Effect of the Use Upon the Potential Market
Fair Use Law
6. Accredited non-profit educational
institutions
To be eligible for the TEACH act one must be an
accredited non-profit educational institution
Profit institutions are not covered by this act
For example, the University of Phoenix because it is a for
profit institution
This includes:
“Face-to-face” classrooms
Distance education or online classrooms
7. Accredited non-profit educational
institutions
Example:
The University of Phoenix would not be covered under the
Fair Use Law because it is a for profit institution
Western New England University is covered because it is
non-profit.
8. The Amount and Substantiality of the
Portion Taken
You are not allowed to copy a whole work for a class
If you are taking just small excerpts or clips from a
work and citing them you should be covered
Like a lot of other things in life there are exceptions to this
rule
You cannot copy the core concept of a work
The excepts you use must be used to comment or
criticize the work
It can also be used to build upon and supplement your
own ideas
A parody is the exception and is able to use the core
concept of the work
9. The Amount and Substantiality of the
Portion Taken
Example:
As a teacher of a creative writing class you want your
students to read the first chapter in “Where the Wild
Things Are” by Maurice Sendak. You have incorporated it
into your lesson plan and plan to comment on the imagery
in the chapter.
This is acceptable under Fair Use Law because you wish
to comment on the work and are only copying a portion of
the book for use in class only.
10. The Effect of the Use Upon the Potential
Market
Use of the work in a classroom cannot and should
not takeaway any of the potential income of the
author
Use of the work cannot and should not compete with
any potential new work the author may complete
Parody is an exclusion to the above
It can either help or destroy potential income for the
original author
It is protected under Fair Use Law
11. The Effect of the Use Upon the Potential
Market
Example
You read a very interesting book and decide to write a
essay because you have been greatly influenced by the
book. However, in this book you use several key
concepts from the book and you decide to sell it.
By selling this book and using the core concepts of
another authors book you have the potential of taking
away some of their projected income from book sales.
If you instead wrote a book criticizing or commenting on
the other work without using all the core concepts you
would then be covered by the Fair Use Law
12. Conclusion
The TEACH Act and Fair Use Law are in place to
make it easier on teachers to use copyrighted
materials in the classroom
The TEACH Act covers both face-to-face and distant
education
If you are questioning if what you are doing is
covered under the Fair Use Law use the four factors
