The Technology, Education and Copyright Harmonization Act makes it possible for instructors to use a wider variety of formats in distance learning environments, and qualifying institutions have greater latitude in storing, copying and digitizing materials.
According to the Copyright Clearance Center, in order for copyrighted materials to qualify for use under the TEACH Act, the following criteria must be met:
- The institution must be an accredited, non-profit educational institution.
- The use must be part of mediated instructional activities.
- The use must be limited to a specific number of students enrolled in a specific class.
- The use must either be for ‘live’ or asynchronous class sessions.
- The use must not include the transmission of textbook materials, materials “typically purchased or acquired.
What does this mean for faculty?
This act is meant to allow a greater range of materials to be used in on-line and distance education classes. If you are teaching in a classroom, this legislation does not apply; you will follow the guidelines under Fair Use.