TEACH Act of 2002

1. "Technology, Education and Copyright Harmonization Act" TEACH Act

2. Make copies Make public performances and displays A group of students – assembled or dispersed – could constitute “public” So educators incur possible violations of owners’ rights whenever they Copy materials as handouts Upload works to websites Display slides or other still images Perform music, videos or other works Rights of Copyright Holders

3. Copyright protection vests automatically in nearly all works that are "original works of authorship" and "fixed in any tangible medium of expression.” Protection

4. Some works are in the "public domain" and do not have copyright protection. For example, works of the U.S. government are generally barred from copyright protection. Copyrights on other works eventually expire. Copyrights today usually last through the life of the author, plus seventy years. Not Protected

5. On November 2nd, 2002, the TEACH Act was signed into law by President Bush. TEACH redefined the terms and conditions on which accredited, nonprofit educational institutions in the U.S. could use copyright protected materials in distance education without permission from the copyright owner. TEACH Act

6. Only certain types of works allowed Transmitted only to classrooms Closed-circuit television The law could seldom apply to the context of modern, digital transmissions and reach students at home, at work, and elsewhere. Prior to 2002

7. The former law sweepingly excluded displays and performances of movies, TV programs, plays, sound recordings, multimedia and operas (“dramatic”). TEACH Act Improvements:

8. Dramatic / Non-Dramatic Dramatic Non-Dramatic Movies TV Programs Plays Sound Recordings Multimedia Operas Rationale: these types of broadcasts could displace market value Poetry Novels Textbooks Musical Composition

11. Student retention of the content and access for a brief period of time

12. Permits copying and storage that is incidental or necessary to the technical aspects of digital transmission systems TEACH Act Improvements

15. Students will access each "session" within a prescribed time period. Students will not be able to store the materials orreview them later in the academic term. Faculty will be able to include copyrighted materials, but usually only in portions or under conditions that are comparable to conventional teaching and lecture formats. The law expects…

16. 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. Stated more bluntly

18. Performances of nondramatic musical works;

19. Performances of any other work, including dramatic works and audiovisual works, but only in "reasonable and limited portions"; and

20. Displays of any work "in an amount comparable to that which is typically displayed in the course of a live classroom session." Duties of Instructors So what’s allowed?

21. The Obvious: Performances or displays given by means of copies "not lawfully made and acquired" under the U.S. Copyright Act, if the educational institution "knew or had reason to believe" that they were not lawfully made and acquired. Duties of InstructorsWhat’s excluded?

23. This is intended to protect the market for commercially available educational materials.

24. For example, specific materials available through an online database

25. The TEACH Act generally steers users to those sources, rather than allowing educators to digitize and upload their own copies.Duties of Instructors What’s excluded?

27. Mediated Instructional Activities In the same provision, the statute specifies that "mediated instructional activities" do not encompass uses of textbooks and other materials "which are typically purchased or acquired by the students." Duties of Instructors

29. Duties of Instructors Distance Learning Traditional Teaching Model The law is attempting to prevent an instructor from scanning and uploading chapters from a textbook in lieu of having the students purchase that material for their own use.

31. A digital version of the work is not "available to the institution.”Analog Digital

32. Example – You have a legally purchased VHS of an HBO Documentary and want to stream it to your Blackboard course. Streaming = reproduction = need permission Unless we stream only a reasonable portion (usually a small clip) If it's a VHS source you need to use (i.e., purchase) the official digital source if it exists. Permission doesn't have to be in writing. Streaming Video

33. To determine what is a reasonable portion, we will need to refer back to the balancing of fair use factors. 1. The purpose and character of the use, including whether the use is of a commercial nature or is for non-profit educational purposes; 2. The nature of the copyrighted work 3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; 4. The effect of the use onthe potential market for or value of the copyrighted work. Fair Use Still Enters into the Mix.

34. Institutionally Banner, WIReD, Blackboard Because the law calls for institutional policymaking, implementation of technological systems, and reasonable distribution of copyright information, most colleges and universities require that all programs be transmitted solely on centralized systems that meet the prescribed standard.

37. Duties of Institutional Policymakers The transmission of content must be made "solely for . . . students officially enrolled in the course for which the transmission is made."

38. Limited access to enrolled students"to the extent technologically feasible." As a practical matter, educational institutions are implementing technological access controls that are linked to enrollment records available from the Registrar's office. Duties of Information Technology Staff

39. Apply technical measures to prevent "retention of the work in accessible form by recipients of the transmission . . . for longer than the class session.” The statute offers no clarification about the meaning of a "class session." Duties of Information Technology Staff

40. The institution (via IT) must apply "technological measures" to prevent recipients of the content from engaging in "unauthorized further dissemination of the work in accessible form." In other words, when the restrictive controls are used in an "ordinary" manner, they will safeguard against unauthorized reproduction and dissemination. Duties of Information Technology Staff

41. Interference with technological measures If the content transmitted through "digital transmissions“ includes restrictive codes or other embedded "management systems" to regulate storage or dissemination of the works, the institution may not "engage in conduct that could reasonably be expected to interfere with such technological measures." Duties of Information Technology Staff

42. Limited temporary retention of copies The statute explicitly exonerates educational institutions from liability that may result from most "transient or temporary storage of material.“ But, the statute does not allow anyone to maintain the copyrighted content "on the system or network" for availability to the students "for a longer period than is reasonably necessary to facilitate the transmissions for which it was made." Duties of Information Technology Staff

43. So, use this handy checklist to see whether you are ready to use the TEACH Act: My institution is a nonprofit accredited educational institution or a governmental agency It has a policy on the use of copyrighted materials It provides accurate information to faculty, students and staff about copyright Its systems will not interfere with technological controls within the materials I want to use The materials I want to use are specifically for students in my class Only those students will have access to the materials The materials will be provided at my direction during the relevant lesson The materials are directly related and of material assistance to my teaching content My class is part of the regular offerings of my institution I will include a notice that the materials are protected by copyright I will use technology that reasonably limits the students' ability to retain or further distribute the materials I will make the materials available to the students only for a period of time that is relevant to the context of a class session I will store the materials on a secure server and transmit them only as permitted by this law I will not make any copies other than the one I need to make the transmission The materials are of the proper type and amount the law authorizes: - Entire performances of non-dramatic literary and musical works -Reasonable and limited parts of a dramatic literary, musical, or audiovisual works -Displays of other works, such as images, in amounts similar to typical displays in face-to-face teaching The materials are not among those the law specifically excludes from its coverage: -Materials specifically marketed for classroom use for digital distance education -Copies I know or should know are illegal -Textbooks, coursepacks, electronic reserves and similar materials typically purchased individually by the students for independent review outside the classroom or class session If I am using an analog original, I checked before digitizing it to be sure: -I copied only the amount that I am authorized to transmit -There is no digital copy of the work available except with technological protections that prevent my using it for the class in the way the statute authorizes http://www.utsystem.edu/ogc/intellectualproperty/teachact.htm TEACH Act Checklist

44. HVCC Policies and Information on Copyright Compliance Marvin Library Copyright Subject Guide Valerie Lang v.lang@hvcc.edu 629.7319 Resourcesfaculty, students and staff: