Skip to main content

Copyright: The TEACH Act


 This makes provision for certain use of copyrighted works in Distance Education.

Technology, Education and Copyright Harmonization (“TEACH”) Act (S. 487)

The primary benefit of the TEACH Act for educators is its repeal of the earlier version of Section 110(2), which was drafted principally in the context of closed-circuit television. That law permitted educators to "perform" only certain types of works and generally allowed transmissions to be received only in classrooms and similar locations. These restrictions, and others, usually meant that the law could seldom apply to the context of modern, digital transmissions that might utilize a range of materials and need to reach students at home, at work, and elsewhere. The new version of Section 110(2) offers these explicit improvements:

* Expanded range of allowed works. The new law permits the display and performance of nearly all types of works. The law no longer sweepingly excludes broad categories of works, as did the former law. However, a few narrow classes of works remain excluded, and uses of some types of works are subject to quantity limitations.

* Expansion of receiving locations. The former law limited the transmission of content to classrooms and other similar location. The new law has no such constraint. Educational institutions may now reach students through distance education at any location.

* Storage of transmitted content. The former law often permitted educational institutions to record and retain copies of the distance-education transmission, even if it included copyrighted content owned by others. The new law continues that possibility. The law also explicitly allows retention of the content and student access for a brief period of time, and it permits copying and storage that is incidental or necessary to the technical aspects of digital transmission systems.

*Digitizing of analog works. In order to facilitate digital transmissions, the law permits digitization of some analog works, but in most cases only if the work is not already available in digital form.

None of these benefits are available to educators unless they comply with the many and diverse requirements of the law. The rights of use are also often limited to certain works, in limited portions, and only under rigorously defined conditions.

(Taken directly from ALA Guide to The Teach Act)

The Report on Copyright and Distance Education

ALA The Teach Act

The Teach Act - Copyright and Fair Use- Trends and Resources for 12st Century Scholars.
Akabar- Williams, Tahirih. LibGuide

University of Nebraska-Lincoln Libraries
Hours of Operation | Parking Maps | Employment | Support the Libraries
318 Love Library | 13th & R | Lincoln, NE | (402) 472-9568
 @UNLLibraries |  @UNL_Lib |  @unl_lib |