The TEACH Act of 2002

The Technology, Education and Copyright Harmonization Act of 2002, known as the TEACH Act, is an Act of the United States Congress. The importance of the TEACH Act stems from the previous copyright laws that allow educators to copy documents or use copyrighted materials in a face-to-face classroom setting. Because of the growth of distance education that does not contain a face-to-face classroom setting revisions to these laws, particularly sections 110(2) and 112(f) of the U.S. Copyright Act, needed to be made.

It was signed into law by President George W. Bush on November 2, 2002. The TEACH Act clarifies what uses are permissible with regard to distance education. Furthermore, the TEACH Act outlines what requirements the information technology staff and students of a university must abide by in order to be in compliance with the TEACH Act.

While in some cases Fair Use Doctrine covers compliance to copyright law, the TEACH Act clarifies what compliance measures must be implemented with regard to distance education. This Act permits teachers and students of accredited, nonprofit educational institutions to transmit performances and displays of copyrighted works as part of a course if certain conditions are met. If these conditions are not or cannot be met, use of the material will have to qualify as a fair use or have the permission of the copyright holder to be lawful.

My thoughts on the TEACH Act of 2002 are as follows: well, I can't seem to say it any better than this so here's how to make sure you use the TEACH Act properly...

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 nondramatic 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