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.
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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.