Understanding the TEACH Act
1. TEACH explains that it is not copyright infringement for teachers and students at an accredited, nonprofit educational institution to transmit performances and displays of copyrighted works as part of a course if certain conditions are met.
2. If these conditions are not or cannot be met, use of the material will have to qualify as a fair use or permission from the copyright holder(s) must be obtained.
3. TEACH Act Requirements
3.1. WHO:
3.2. Accredited Nonprofit Educational Institution or Governmental Body
3.3. WHAT:
3.3.1. Performances of nondramatic literary works or
Performances of nondramatic musical works or
Performances of reasonable portions of any other work or
Display of any other work in an amount comparable to that typically displayed in a live classroom setting
3.3.2. BUT NOT:
3.3.2.1. Digital educational works (Works produced or marketed primarily for performance/display as part of mediated instructional activities transmitted via digital networks) or
3.3.2.2. Unlawful copies (copies you know or reasonably should know were not lawfully made or acquired)
3.4. WHEN:
3.4.1. By, at the direction of, or under the actual supervision of an instructor, and
As an integral part of a class session, and
As part of systematic mediated instructional activities , and
Directly related and of material assistance to the teaching content
3.5. HOW:
3.5.1. Transmission made solely for and reception limited to (as technologically feasible) students enrolled in the course, and
Downstream controls instituted:
3.5.2. Technological measures that reasonably prevent-
Retention in accessible form for longer than a class session
Unauthorized further dissemination in accessible form, and
3.5.3. No interference with copyright holder's technological measures that prevent such retention and dissemination
3.6. PERMITTED CONVERSION—ANALOG TO DIGITAL:
3.6.1. Conditions allowing conversion:
3.6.1.1. No digital version available to the institution or
3.6.1.2. The available digital version is technologically protected to prevent TEACH uses
3.7. GENERAL INSTITUTIONAL REQUIREMENTS:
3.7.1. University must promulgate copyright policies
3.7.2. University must provide accurate information about copyright and
3.7.3. University must promote copyright compliance
3.7.4. University must provide notice to students that course materials may be copyrighted
4. Other Issues
4.1. Authentication
4.1.1. Bowling Green State University supports the course management system known as Blackboard ™ . Blackboard is designed to allow only students registered in a specific class into the web content of the class. As such, Blackboard ™ courses and their content would satisfy the authentication requirement of the TEACH Act.
4.2. The TEACH Act Copyright Notice
4.2.1. Suggested statement: “The materials on this Blackboard course shell are only for the use of students enrolled in this course for purposes associated with this course and may not be retained or further disseminated.”
Determining Copyright Status
1.1. Does the proposed use require permission from the copyright holder?
1.1.1. First Question: Is the work subject to copyright? Is it:
1.1.1.1. An original work of authorship
1.1.1.2. Fixed in a tangible medium of expression
1.1.1.3. Not a "idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied" in a copyrighted work
1.1.1.4. Not a work produced by a U.S. government employee in the scope of employment
1.1.1.5. Not a work the author has expressly made available for unrestricted copying, distribution, etc. effectively dedicated to the public domain
1.1.1.6. And copyright has not expired
1.1.2. Second Question: Is there a legal basis for use without permission?
1.1.2.1. Does it comply with fair use? To enhance the fair use argument: especially for web-based teaching materials: Use excerpts that are short and qualitatively insubstantial Limit access to students enrolled in the course; end access after course Do not use the material repeatedly for a course Include the copyright notice and appropriate attributions Best to obtain permission if easy to do so (cost and timing perspective)
1.1.2.2. Is it a performance and/or display of a work in face-to-face teaching setting?
1.1.2.3. Is it a transmission of a performance and/or display of limited works to a classroom setting for teaching purposes? See "Educational Transmissions of Copyrighted Works"
2. Obtaining permission to use copyrighted works
2.1. Work with appropriate campus unit to identify the copyright holder
2.1.1. Confirm by phone or email before seeking permission
2.2. Send written request for permission to use
2.2.1. Plan on several months lead time
2.2.2. Decide if the licensing fee/royalty is prohibitive
2.3. If license fee is prohibitive or there is no timely response, use a limited amount of digital material that qualifies for fair use, or use alternative material
2.4. Obtain legal review/contract review for any license agreements other than what the BGSU Faculty Charter already authorizes.
COPYRIGHT CHECKLIST FOR ONLINE COURSES
Here is a set of guidelines to determine whether, under the Teach Act, copyrighted material can be employed in a given online course without seeking the original copyright owner's permission:
My institution is a nonprofit accredited educational institution or a governmental agency
It has a policy on the use of copyrighted materials
It provides accurate information to faculty, students and staff about copyright
Its systems will not interfere with technological controls within the materials I want to use
The materials I want to use are specifically for students in my class
Only those students will have access to the materials
The materials will be provided at my direction during the relevant lesson
The materials are directly related and of material assistance to my teaching content
My class is part of the regular offerings of my institution
I will include a notice that the materials are protected by copyright
I am using technology that reasonably limits the students' ability to retain or further distribute the materials
I will make the materials available to the students only for a period of time that is relevant to the context of a class session
I will store the materials on a secure server and transmit them only as permitted by this law
I will not make any copies other than the one I need to make the transmission
The materials are of the proper type and amount the law authorizes:
q Entire performances of nondramatic literary and musical works
q Reasonable and limited parts of a dramatic literary, musical, or audiovisual works
q Displays of other works, such as images, in amounts similar to typical displays in face-to-face teaching
The materials are not among those the law specifically excludes from its coverage:
q Materials specifically marketed for classroom use for digital distance education
q Copies I know or should know are illegal
q Textbooks, course packs, electronic reserves and similar materials typically purchased individually by the students for independent review outside the classroom or class session
If I am using an analog original, I checked before digitizing it to be sure:
q I copied only the amount that I am authorized to transmit
q There is no digital copy of the work available except with technological protections that prevent my using it for the class in the way the TEACH statute authorizes