The Technology, Education, and Copyright Harmonization Act (“TEACH Act”), 17 USC Sec. 110(2) permits the performance or display of certain copyrighted works in online / remote instruction. Its primary purpose is to balance the needs of distance learners and educators with the rights of copyright holders. In other words, TEACH Act attempts to align the benefits of robust and creative teaching with the rights of a copyright holder, acknowledging the ease with which copyrighted works can be infringed in an online setting. The TEACH Act attempts to balance the benefits of robust and creative teaching with the rights of a copyright holder, acknowledging the ease with which copyrighted works can be infringed in an online setting.
The following examples show how the TEACH Act may, or may not, apply to various remote instruction activities.
TEACH Act May Apply*
Streaming reasonable and limited portions of a movie or TV show during a remote class session
Streaming a full-length nondramatic musical work during a remote class session
Quoting lengthy excerpts from a nondramatic literary work during a remote class session
Displaying images during a remote class session in an amount comparable to a typical live classroom session
*Other conditions of the TEACH Act must be satisfied
TEACH Act Does Not Apply**
Reproducing and uploading a full-length movie or TV show for students to view outside of class
Recording and sharing a student performance of a full-length dramatic musical work
Distributing book chapters, journal articles, or other readings to students digitally
Reproducing and distributing large collections of images
**Other legal exemptions, including fair use, may apply
Copyright & the TEACH Act
The TEACH ACT's enhancements over Copyright provisions prior to 2002 include the following:
Instructors are now permitted to use a wider range of work in distance learning environments
Students may participate in distance learning sessions from virtually any location
Participants enjoy greater latitude when it comes to storing, copying, and digitizing materials
For more information about what is / is not permitted under the TEACH Act, see Copyright Basics- The TEACH Act: New roles, rules, and responsibilities for academic institutions from the Copyright Clearance Center.
The MMA Library's copyright information is available here .