Research Guides: Copyright: TEACH Act

The TEACH Act (Technology, Education, and Copyright Harmonization Act (2002)

Teachers have more privileges in face-to-face teaching situations for the use of copyrighted materials than teachers in online instruction. The TEACH Act (Section 110 (2) of U.S. Copyright Law) attempts to bring the two environments closer together, but the playing fields are still not level.

The TEACH Act:

does not cover textual materials such as readings.
is a copyright exemption for performance and display of copyrighted materials used in teaching conducted through digital transmission, specifically, "the performance of a nondramatic literary or musical work or reasonable and limited portions of any other work, or display of a work in an amount comparable to that which is typically displayed in the course of a live classroom session.
applies to material transmitted via course delivery systems, such as Canvas, unless you choose to use Fair Use as an alternative.
is not a wild card exemption to do anything you want; it comes with limitations.

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Obligations of the teacher under the TEACH Act:

The performance or display is made by or under the supervision of an instructor.
The performance or display is directly related and integral to the class content, not ancillary like Reserves
The work is part of systematic mediated instructional activities
The "transmission is made solely for and limited to students officially enrolled in the course."
Materials that are used for performance or display must be lawfully made and acquired.
Instructor must use reasonable controls to prevent copying and retention of the work, those that would "discourage most users." (streaming is suggested for video; thumbnails, watermarks and disabling right click copy function can be used to protect images.)
A digital copy may be made from an analog copy when no digital version is available or when the digital version is technologically protected.
Work must carry a warning notice to students. Examples:

(example from NCSU)

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Institutional Requirements of the TEACH Act

The University of Missouri System meets these institutional criteria for the TEACH Act.

Must be an accredited, non-profit, educational institution or governmental body
The institution "institutes policies regarding copyright, provides informational materials to faculty, students, and relevant staff members that accurately describe, and promote compliance with, the laws of the United States relating to copyright, and provides notice to students that materials used in connection with the course may be subject to copyright protection."
"The institution applies technological measures that reasonably prevent:
1. retention of the work in accessible form by recipients of the transmission from the transmitting body or institution for longer than the class session; and
2. unauthorized further dissemination of the work in accessible form by such recipients to others."
The institution "does not engage in conduct that could reasonably be expected to interfere with technological measures used by copyright owners to prevent such retention or unauthorized further dissemination."

University of Missouri System Collected Rules and Regulations 100.010.

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Provisions of the TEACH Act

The TEACH Act allows teachers to show the full performance of a nondramatic literary or musical work or display the following types of materials (partial list):

a sound recording of a poem
a sound recording of a piece of literature
a recorded symphony
still images, photographs (these are considered "displays")
still images from subscription databases if allowed by license
text if it is something that would normally be "displayed" in a face to face class; not if it is something only to be read by students

Teachers may only display "reasonable and limited portions" of dramatic works. Use only the portions that are necessary to make a point. (Teachers in face to face classrooms may use the following works in their entirety). The following are examples:

dramatic works
audio/visual works
musicals
operas
commercial films
music videos

Teachers may not transmit or display instructional materials, without permission or licensing, which students are commonly expected to purchase such as:

textbooks
coursepacks
workbooks
digital educational work (made for the purpose of performance or display for use in mediated instruction)

Works "produced or marketed primarily for performance or display as part of mediated instructional activities transmitted via digital networks" should not be copied, but purchased and used as intended by the publisher.

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Law that applies: Face to Face teaching: U.S. Code Title 17, Chapter 1, Section 110(1) for classroom settings; Section 110(2) for distance ed or online teaching. 17 USC 110(1) & 110(2).
http://www.copyright.gov/title17/92chap1.html#110

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FAQ

1. Must I use the TEACH Act when I teach online?

No, you can choose to teach under the TEACH Act which carries more requirements or use Fair Use which carries more risk but is broader.

2. Can I digitize an analog video (i.e. VHS) to show it to my distance education class? Yes, in an amount limited to what is necessary for the class, if:

there is no digital version available to your institution at a reasonable price
the digitized copy is retained by the institution
if it is used only for teaching under Section 110(2) criteria
if no one circumvents technological protection measures to make the digital copy.

3. Can I reuse my materials later in the semester for the same class?

Yes, you can reshow or redisplay the content to support your curriculum later in the semester, even if you used it earlier.

4. Can I reuse my teaching materials in subsequent semesters in my online class?

If materials are integral to the course content and are used in performance or display, the materials may be reused without permission. Copies of these items must be made from a legally acquired copy of the work. Supplementary or ancillary materials and readings may require permission or royalty payments.

5. Can I show a YouTube video to my distance education class?

The best way to handle a YouTube video is to link to it. Using YouTube's embedded code for linking is ok also; it's just code and YouTube makes it available for users to embed. However, it is advisable not to show a YouTube video that contains infringing material.

6. Does the TEACH Act apply only to credit courses at UMKC?

No, it can be used with non-credit courses also.

7. I am a film studies/media studies teacher; can I override technological protection measures (TPMs) to create clips of videos to show my class? Can any faculty member override TPMS to make video clips?

The latest 2012 DMCA exemptions lay out a series of provisions for all faculty of any department. The following is a summary, but please see the DMCA tab for more complete details. Most videos today are protected by content scrambling systems (CSS) or some kind of technological protection measures (TPMs) which may not legally be circumvented. The 2012 DMCA exemptions, however, permit faculty and students requiring close analysis of film and media excerpts to circumvent protection measures to make short portions available for viewing. The exemption applies only to motion pictures on DVD or from online distribution services, (not to Blu-ray) and the circumvention is allowed only when “necessary because reasonably available alternatives, such as noncircumventing methods or using screen capture software …are not able to produce the level of high-quality content required to achieve the desired criticism or comment.” If very high quality copy is not required for the criticism or comment, the law permits the use of screen capture software. Faculty might try products like Camtasia, Jing, and Screencast-o-matic.

Again, the TEACH Act only permits the showing of limited portions for dramatic works. Consider requiring students to get their own subscriptions to online video services if you will be using a lot of video.

Permission or licensing may be the only available option to show more than the law allows.

8. How do I use "reasonable controls" to protect images and performances shown in Canvas?

The best way to transmit film media in Canvas, in order to be in compliance with the TEACH Act, is with the use of streaming. UMKC Information Services uses a Flash interactive Media streaming server. See UMKC Instructional Technology. or contact its@umkc.edu.

Other suggested methods for protecting copyrighted images or photos include: