The TEACH Act and Distance Learning

The Technology, Education, and Copyright Harmonization Act (TEACH) amended the Copyright Act of 1976, Sections 110(2) and 112.  TEACH updates copyright law pertaining to the “transmission” of performances and displays of copyrighted materials.  The “transmission” refers to a communication by any device or process whereby images or sounds are received beyond the place from which they are sent.  Therefore, TEACH is potentially implicated when any distance learning course is offered via the Internet, Telecourses, Interactive, Video Conference, or as a blended course which includes an online component. 

Although TEACH has expanded the scope of educator's rights to perform and display works for digital distance education, there are still considerable inconsistencies between distance education and face-to-face classrooms.  Different laws and rules must be applied when using copyrighted works for distance learning than would be used for face-to-face instruction.  For example, an instructor may show or perform any work related to the curriculum (including still images, music, and movies), in a face-to face classroom.  However, the same instructor would have to condense some of the works for distance students to view.  TEACH states that only “reasonable and limited portions” of audiovisual works and dramatic musical works may be used. 

Benefits of the TEACH Act

• Expansion of the range of allowable works in distance education settings
• Permits performance or display of complete non-dramatic literary or musical works
• Allows use of reasonable and limited portions of copyrighted audiovisual and dramatic musical performances such as audio/video clips
• Expands the permissible receiving locations for distance education beyond classrooms or computer labs
• Allows digitizing portions of analog materials without first obtaining permission, if those materials are only available in analog format
• Allows storage of copyrighted materials on servers, which permits students to view materials at their convenience

Requirements of the TEACH Act for the Institution

• The institution must be an accredited nonprofit educational institution or government body.
• Must have a copyright policy in place and inform faculty, staff, and students about the policy.
• Must verify that copyrighted materials are made available only to students enrolled in the affected course.

Requirements of the TEACH Act for Instructors

• The performance or display of materials must be:  under the control or actual supervision of an instructor, an integral part of the class session and analogous to what takes place in a face-to-face classroom.
• The performance or display must be directly related and of material assistance to the teaching content.
• Students must be informed that materials used in connection with the course may be subject to copyright protection. 
• The instructor must use a lawfully made and acquired copy.
• Use is limited to performances and displays.  TEACH does not apply to materials that are for students' independent use and retention such as textbooks, coursepacks, or readings. 
• Analog works can be converted into digital works if no digital version is already available. 

Technology Requirements

• Transmission must be made solely for and limited to students officially enrolled in the course.
• Reasonable efforts must be made to prevent students from distributing the material after viewing it. 
• Technological protections must be implemented to prevent students from retaining and further distributing the course materials; e.g., video streaming. 

The instructors must meet all the above requirements to qualify for the distance education exemption provided by TEACH.  If all the requirements are not met, then apply the Fair Use exemption.