The document summarizes key aspects of U.S. copyright law as it pertains to educators, including the TEACH Act and fair use provisions. It outlines that the TEACH Act provides educators greater rights for use of digital media in distance education settings. It also describes the four factor fair use test that examines the purpose and amount of a work used, whether it affects the market, and if the work is published or unpublished. Educators must employ protections to prevent unauthorized distribution of copyrighted materials.

1. Copyright Law
{ Fair Use and TEACH Act

2.  Provides educators with a separate set of rules
for content to be displayed in the classroom.
 Not limited to any media text, video, etc..
Section 110(2)

3.  Defines “fair use” as usage of a digital media in
“reasonable and limited portion” for distance
learning.
 There is no limit on this media for in the
classroom
Section 110 (2) Fair Use

4.  Covers items in the public domain and those
that are not.
 Access must be restricted to appropriate
audiences only ex: your students only not the
entire campus or district
Fair Use

5.  What is the character of the use?
 Why are you using it?
 Nonprofit and educational uses are covered
Four Factor Fair Use Test

6.  Is the work in the public domain? Or not?
 Anything published prior 1922 is now in the
public domain and can be considered.
Four Factor Fair Use Test

7.  How much of the work will you use?
 A small amount such as a single chapter would
be covered an entire movie or book for example
would not be considered fair use to copy.
Four Factor Fair Use Test

8.  If the way you plan to use the materials would
have an effect on the original sale of the item or
its value it is not covered.
Four Factor Fair Use Test

9.  Enacted in 2002
 Grants more rights to distance education
 Only covers accredited nonprofit educational
institutions
 Largest impact is that portions of digital media
to be shown are now limited to what could be
shown in face to face displays
TEACH ACT

10.  TEACH Act defines that educators must
employ protections to prevent downloading
and distribution of materials used in the
classroom.
Trouble spot

11.  North Carolina State http://www.ncsu.edu/
 Assembled information and tools to assist
Their site features the ability for faculty to “lock
down” all images they use.
Protection Source

12. Harper, G. (2007). Building on Other's Creative Expression:
The TEACH Act. Austin, TX: University of Texas
Libraries. Retrieved from
http://copyright.lib.utexas.edu/teachact.html
Reference