Copyright Information

Section 110(1) of U.S. copyright law allows for the "performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction." As long as a work is lawfully made, instructors or students are free to perform or display it in the classroom (or other instructional space). A great deal of teaching activity is covered under this section of the law, including showing movies, playing or performing works of music, displaying texts or works of art, etc.

Making multiple copies of materials for classroom use is not covered under Section 110, but may be permissible under Section 107 (Fair Use)

The Technology, Education, And Copyright Harmonization, or TEACH Act (Section 110 (2)) facilitates and enables the performance and display of copyrighted materials for distance education. The TEACH Act covers additional situations that may occur in the digital environment but not in the face-to-face classroom.

In order for the use of copyrighted materials in online education to qualify for the TEACH exemptions, 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 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.
• The institution must have developed and publicized its copyright policies, specifically informing students that course content may be covered by copyright, and include a notice of copyright on the online materials.
• The institution must implement some technological measures to ensure compliance with these policies, beyond merely assigning a password. Ensuring compliance through technological means may include user and location authentication through Internet Protocol (IP) checking, content timeouts, print-disabling, cut & paste disabling, etc.

What TEACH Does Not Allow

The exemptions under TEACH specifically do not extend to:

• Electronic reserves, coursepacks (electronic or paper) or interlibrary loan (ILL).
• Commercial document delivery.
• Textbooks or other digital content provided under license from the author, publisher, aggregator or other entity.
• Conversion of materials from analog to digital formats, except when the converted material is used solely for authorized transmissions and when a digital version of a work is unavailable or protected by technological measures.

It is also important to note that TEACH does not supersede fair use or existing digital license agreements.