The Technology, Education, and Copyright Harmonization Act of 2002 gives certain exemptions to the right of public display and performance. The exemptions allowed for distance education are stricter than those allowed for face to face teaching. The act lays out how to comply with copyright law in relation to distance education. Certain conditions must all be met in order to comply with the TEACH Act. If the use of a work does not meet the TEACH Act requirements it may still be allowable under fair use and vice versa.
This list is to give you an idea of what is expected. Please consult Section 110 (2) to be sure of what is required.
Conditions met by TCC Online Education:
- Accredited nonprofit educational institution
- Institutional copyright use policy
- Educational materials on copyright available
- Reception limited to students enrolled in course (Blackboard)
- Reasonable downstream controls instituted
Conditions that must be met by the work used:
- Work is not a digital education work
- Work is not something students would normally be expected to purchase
- Work is lawfully made and acquired
- Work is nondramatic literary or musical work (use all) or reasonable and limited portion of any other work (for a performance)
- For conversions of analog to digital: institution cannot access digital version or, if you can, it is technologically protected
- Warning notice to students present on work
Conditions that must be met by the use:
- Work is integral to class session
- Work is part of systematic mediated instructional activities
- Work is directly related/material assistance to teaching
- Display of any work in amount analogous to live classroom setting
