§110(2) of the Copyright Code comprises The Technology Education And Copyright Harmonization Act, or The TEACH Act.
The TEACH Act retains the same exceptions as §110(1), for face-to-face instruction, and adds additional requirements specific to digital transmission of works; §110(2) is much more lengthy and specific.
- The work must be “an intergral part of a class session” and “directly related and of material assistance to the teaching content”
- The transmission of the work must be restricted to enrolled students only
- For instance, requiring students log in to a course managment system to view materials
- Reasonable measures must be taken to prevent retention of material beyond the class session (lock down PDF, stream vs. download, etc.) or dissemination to others
- The use must not include the transmission of textbook or coursepak materials, materials “typically purchased or acquired by students,” or works developed specifically for online uses.
- Only “reasonable and limited portions,” such as might be performed or displayed during a typical live classroom session, may be used.
- Does not apply to e-reserves
Institutional requirements:
- Promulgate copyright policies
- Provide accurate information about copyright
- Promote copyright compliance
- Post notice to students using online course materials that those materials may be copyrighted
For materials publicly accessible on the Internet, link to or embed content to avoid making a copy that may violate copyright restrictions.
- Note that the lawfully made standard still applies; e.g., a video on YouTube posted by somebody who is not the copyright holder is not okay to use.
- In the same vein, showing a clip of a movie in a physical classroom might be covered by educational exemption, but uploading that clip to YouTube to show in a DE environment creates an unlawful copy of that work.
Now that you have worked your way through exemptions that may apply to your copyright problem, we will turn to licenses. Specifically, Creative Commons.
Copyright Home Basics Exemptions Creative Commons Fair Use
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