In 2002, Congress recognized the increasing significance of online education and enacted the Technology, Education and Copyright Harmonization Act (TEACH) Act. The TEACH Act is an exception to copyright that allows educators to use protected works in online education with certain restrictions, such as being a nonprofit, educational institution, course content is limited to enrolled students, works have been legally acquired, and there is instructor supervision of materials.
With these limitations, the TEACH Act permits the performances of nondramatic literary, musical, and audiovisual works within reasonable and limited portions, as well as displays of any work "in an amount comparable to which is typically displayed in the course of a live classroom session." In other words, the TEACH Act provides online classrooms similar exceptions to that of an in-person classroom, including fair use, public domain, open access, and other copyright principles.
What is allowed under the TEACH Act?
• Performances of nondramatic literary works
• Performances of nondramatic musical works
• Performances of any other work, including dramatic works and audiovisual works, but only in 'reasonable and limited portions"
• Displays of any work "in an amount comparable to that which is typically displayed in the course of a live classroom session"
What is not allowed under the TEACH Act?
• Electronic reserves, coursepacks (electronic or paper) or Interlibrary Loan (ILL)
• Commercial document delivery
• Textbooks or other digital content provided under license from the author or publisher
• Conversion of materials from analog to digital formats
In addition, materials such as exams, workbooks, exercises, standardized tests and test booklets, and answer sheets should never be copied. Any copying should be from a legally purchased or acquired work. Copying should not replace the sale of a work.
As with in-person teaching, there are similar and additional best practices for online instruction, especially concerning posting course content in Blackboard:
• Use materials that were legally purchased or acquired, such as a book purchased from a store or an article found in a library database
• When sharing materials with students, provide stable, external, permanent links rather than uploading a PDF. Uploading a PDF of copyrighted materials may be a violation of copyright and/or the library's licensing agreements
• Consider fair use, such as not copying a significant amount from one work, using the minimum amount necessary to accomplish your instruction goals, and being able to explain how the selected work relates to course outcomes or objectives
• Use library resources. The library negotiates licenses to online content that allow for classroom and reserves use. (Note: This does not apply to materials received through Interlibrary Loan)
• Remind students not to make copies or redistribute course materials
• Include copyright notices for copyrighted works that are used within the course
• After the course has concluded for the semester, restrict access to course content
• Utilize open access and Open Educational Resources with open licenses, such as a Creative Commons license
• If you feel that your use of a material is a copyright violation, try to alter your use, consult U.S. Copyright Law, or contact the copyright holder to obtain permission
The LEARN graphic above was adapted from Fordham University Library's LEARN graphic.
The LEARN graphic above was adapted from Fordham University Library's LEARN graphic.
