Copyright law provides educators with a separate set of rights in addition to Fair Use, to display (show) and perform (show or play) others' works in the classroom. These rights are in Section 110(1) of the Copyright Act and apply to any work, regardless of the medium. This law was meant for face-to-face teaching and not for distance education. In fact, Section110(2) of the copyright law severely limited what could be performed in distance education.
The TEACH Act (Technology, Education, and Copyright Harmonization) expanded the scope of educators' rights to perform and display works and to make the copies integral to such performances and display for digital distance education. But there is still a considerable gap between what the statute allows for face-to-face teaching and for distance education.
The TEACH Act facilitates and enables the performance and display of copyrighted materials for distance education by accredited, non-profit educational institutions (and some government entities) that meet the Act's qualifying requirements. Its primary purpose is to balance the needs of distance learners and educators with the rights of copyright holders. TEACH applies to distance education that includes the participation of any enrolled student, on or off campus.
In exchange for unprecedented access to copyright-protected material for distance education, TEACH requires that the academic institution meet specific requirements for copyright compliance and education. For the full list of requirements, refer to the TEACH Act at Thomas.gov.
In order for the use of copyrighted materials in distance education to qualify for the TEACH exemptions, the following criteria must be met:
The new exemptions under TEACH specifically do not extend to:
It is also important to note that TEACH does not supersede fair use or existing digital license agreements.
Ultimately, it is up to each academic institution to decide whether to take advantage of the new copyright exemptions under TEACH. This decision should consider both the extent of the institution's distance-education programs and its ability to meet the education, compliance and technological requirements of TEACH.
A useful resource to learn more is the following link from the American Library Association (ALA) on the history and importance of the TEACH Act: Distance Education and the TEACH Act.
For a checklist for compliance with the TEACH Act, click here.