TEACH Act
Encyclopedia
The Technology, Education and Copyright Harmonization Act of 2002, known as the TEACH Act, is an Act
of the United States Congress
. The importance of the TEACH Act stems from the previous copyright laws that allow educators to copy documents or use copyrighted materials in a face-to-face classroom setting. Because of the growth of distance education
that does not contain a face-to-face classroom setting revisions to these laws, particularly sections 110(2) and 112(f) of the U.S. Copyright Act, needed to be made.
It was signed into law by President
George W. Bush
on November 2, 2002. The TEACH Act clarifies what uses are permissible with regard to distance education. Furthermore, the TEACH Act outlines what requirements the information technology
staff and students of a university
must abide by in order to be in compliance with the TEACH Act.
While in some cases Fair Use
Doctrine covers compliance to copyright law, the TEACH Act clarifies what compliance measures must be implemented with regard to distance education. This Act permits teachers and students of accredited, nonprofit educational institutions to transmit performances and displays of copyrighted works as part of a course if certain conditions are met. If these conditions are not or cannot be met, use of the material will have to qualify as a fair use or have the permission of the copyright holder to be lawful.
The TEACH Act Toolkit
Act of Congress
An Act of Congress is a statute enacted by government with a legislature named "Congress," such as the United States Congress or the Congress of the Philippines....
of the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
. The importance of the TEACH Act stems from the previous copyright laws that allow educators to copy documents or use copyrighted materials in a face-to-face classroom setting. Because of the growth of distance education
Distance education
Distance education or distance learning is a field of education that focuses on teaching methods and technology with the aim of delivering teaching, often on an individual basis, to students who are not physically present in a traditional educational setting such as a classroom...
that does not contain a face-to-face classroom setting revisions to these laws, particularly sections 110(2) and 112(f) of the U.S. Copyright Act, needed to be made.
It was signed into law by President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
on November 2, 2002. The TEACH Act clarifies what uses are permissible with regard to distance education. Furthermore, the TEACH Act outlines what requirements the information technology
Information technology
Information technology is the acquisition, processing, storage and dissemination of vocal, pictorial, textual and numerical information by a microelectronics-based combination of computing and telecommunications...
staff and students of a university
University
A university is an institution of higher education and research, which grants academic degrees in a variety of subjects. A university is an organisation that provides both undergraduate education and postgraduate education...
must abide by in order to be in compliance with the TEACH Act.
While in some cases Fair Use
Fair use
Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders...
Doctrine covers compliance to copyright law, the TEACH Act clarifies what compliance measures must be implemented with regard to distance education. This Act permits teachers and students of accredited, nonprofit educational institutions to transmit performances and displays of copyrighted works as part of a course if certain conditions are met. If these conditions are not or cannot be met, use of the material will have to qualify as a fair use or have the permission of the copyright holder to be lawful.
Requirements
- The benefits of the TEACH Act apply only to a "government body or an accredited nonprofit educational institution."
- The educational institution must "institute policies regarding copyright."
- The institution must "provide informational materials" regarding copyright. These materials must "accurately describe, and promote compliance with, the laws of United States relating to copyright."
- In addition to the general distribution of informational materials, the institution must provide "notice to students that materials used in connection with the course may be subject to copyright protection."
- The transmission of content must be made "solely for . . . students officially enrolled in the course for which the transmission is made."
Benefits
Before the TEACH Act was signed into law educators and students were at a disadvantage with respect to the materials they were allowed to use and the way in which these documents were presented through the online learning environment. The TEACH Act made copyright laws regarding distance learning closer to the laws provided for face-to-face classrooms though there are still important differences (especially regarding full-length audiovisual works, such as movies and documentaries). Some of these benefits include:- Instructors may use a wider range of works in distance learning environments.
- Students may participate in distance learning sessions from virtually any location
- Participants enjoy greater latitude when it comes to storing, copying and digitizing materials.
External links
The TEACH Act Toolkit