Copyright Law and the TEACH Act of 2002

The Technology, Education and Copyright Harmonization Act became law on November 2, 2002. The law is complex and details numerous responsibilities that must be met before educational institutions can benefit from the exemptions. The TEACH Act revises section 110(2) of the U.S. Copyright Act to address distance learning technologies in a more definitive manner. The new law addresses the virtual classroom and the ability to use copyrighted materials in the online teaching environment and other distance education applications. The TEACH Act does not cover situations such as the provision of supplementary materials (outside of the actual teaching transmissions) or student downloading of course materials (outside of actual teaching transmissions). The Fair Use Doctrine could apply to those scenarios as well as instructional transmissions not covered by the changes to Section 110(2) of the Copyright Act, as amended by the TEACH Act.This legislation gives instructors at accredited nonprofit educational institutions permission to use copyrighted works in online teaching situations. Certain restrictions and requirements apply, specifically in regard to materials developed and marketed for the distance learning environment. The onus is on the institution to ensure that the integrity of the coyrighted work is protected and that measures are taken to respect the rights of the copyright owner.

Benefits

The TEACH Act has:

Expanded the range of allowed works
Expanded receiving locations
Allows retention of the content and student access for a limited time period
Permits digitizing of some analog works

Requirements

Along with these benefits come some restrictions. The TEACH Act imposes numerous requirements which focus on the actions of the institution, aside from the conditions which apply to the individual instructor.

Limited portions of copyrighted materials may be used in courses for a finite period of time and may NOT be retained indefinitely.
Digital copies may be made from analog materials ONLY if a digital copy is not available or if it is secured in such a way as to prevent its use in a distance learning transmission.
Conversions may not occur for mere convenience or to enable access on demand.
Access to these materials must be restricted to students enrolled in the course and efforts must be made to prohibit and prevent the end user from copying the protected materials.
The copyrighted material used in the course must be an integral part of the class directly related to the content of the course, not supplemental material.

How to Apply the TEACH Act

In order to apply the TEACH Act, various units of the University must comply with certain requirements.

The University Administration must develop and disseminate a copyright policy as a precursor to being able to take advantage of the TEACH Act. Currently UCF University Counsel is in the process of developing an official copyright policy. In addition to developing and disseminating information regarding copyright policy, the University bears the burden of informing faculty of the limits set forth by the TEACH Act.

Information Technology Officials must follow policies and enforce the restrictions which are set forth by the TEACH Act. They must impose methods to prevent unauthorized access to and duplication of copyrighted materials. Access to the courses and copyrighted materials must be limited to those students officially enrolled in the course. Efforts must not be made to circumvent any technological controls within the materials and Information Technology departments must comply with specific time limits and digitization restrictions imposed by the Act.

Instructors at institutions who plan to utilize the TEACH Act must become familiar with law and understand the limits imposed by the Act. They must only display or perform the types of works that are identified, non-dramatic literary and musical works and limited parts of dramatic literary, musical and audiovisual works. The instructor must oversee the use of the materials and the materials must be an integral component of the instruction. Any materials used must be legal copies and must comply with restrictions on digitizing. Georgia K. Harper of the University of Texas System Office of General Counsel provides a handy checklist to guide you in your use of the TEACH Act in the University's Copyright Crash Course.

The role of the Librarians is to disseminate information on Copyright law and to provide guidance on which materials are available in digital format and how to access those materials.

Alternatives

All in all copyright law is complex and confusing. Requesting permission and obtaining a record of the permission is your best option. If you are unable to obtain permission then either applying the Fair Use Doctrine or the exemptions of the TEACH Act will assist you in using copyrighted materials in your course. Other options also available include:

Link to Existing Web sites
Linking to materials on the Internet from your course's Web site is allowable. Since you are only pointing to materials and not copying or displaying those materials, you are not infringing copyright law. You will need to check these links periodically to make sure the URLs are still accurate. Make sure the link is evident, give credit to the author, and make it open in a new window. If you make the linked material appear to be your own you are in violation of copyright law.
Link to Electronic Resources in the UCF Library
The library licenses several databases and other electronic resources that are accessible to UCF students. Provide directions for Off Campus Access to the Library or specific instructions on how to retrieve materials.
Electronic reserves are provided for faculty at the UCF library. Libraries (educational ones) have some special privileges to support teaching that are not available to all faculty and should be utilized. Libraries require lead time to scan articles etc., so check with them for an appropriate time frame.
Empower the Students
Use creative learning strategies to encourage students to locate resources on their own. Provide direction and guidance to assist students in developing electronic search strategies and access methods such as Web quests or Web Scavenger Hunts.

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