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Teaching & Learning Center:Copyright Information
Copyright
TEACH
Act
(Technology, Education and Copyright Harmonization Act) signed into law,
November 2002.
This law only affects accredited, non-profit educational
institutions If instructors wish to use copyrighted materials, they must
reasonably:
- limit access to copyrighted works to students currently
enrolled in the class;
- limit access only for the time needed to complete
the class session or course;
- inform instructors, students, and staff of copyright
laws and policies;
- prevent further copying or redistribution of copyrighted
works; and
- not interfere with copy protection mechanisms
Materials that Cannot Be Used
- Works that are produced for the sole purpose of being
used in distance education.
- Materials in the digital classroom in order to avoid
purchase. Students enrolled in the class must purchase required reading,
such as textbooks, course packs and consumable workbooks. However, a
teacher may choose to use a small portion from required course materials
in the digital classroom, such as a graph that appears in the purchased
textbook.
- Unlawfully made copies of works, such as pirated copies
of music or films downloaded from peer-to-peer file sharing sources.
- Course reserves: Under the new law, course reserves (whether
in electronic or print form) are considered “supplemental course
resources” and are not applicable to the TEACH exemptions.
When to take advantage of the TEACH Act:
Designed by Georgia Harper for the University of Texas.
- The institution is a nonprofit accredited educational
institution or a governmental agency
- Only my registered students will have access to
the materials; I will use technology that reasonably limits the students'
ability to retain or further distribute 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
- I will include a notice that the materials are
protected by copyright
- 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
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:
- Entire performances of nondramatic literary
and musical works
- Reasonable and limited parts of a dramatic
literary, musical, or audiovisual works
- 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:
- Materials specifically marketed for classroom
use for digital distance education
- Copies I know or should know are illegal
- Textbooks, coursepacks, electronic reserves
and similar materials typically purchased individually by the students
for independent review outside the classroom or class session
Copyright and Fair Use Stanford University Libraries,
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter7/
Academic Freedom, Privacy, Copyright, and
Fair Use in a Technological World
http://www.academicsenate.cc.ca.us/Publications/Papers/Intellectual.htm
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