The Technology, Education and Copyright Harmonization (TEACH) Act of 2002 is an amendment to section 110 of the copyright law and addresses copyright issues related to distance education by accredited, non-profit educational institutions. Since the legislation did not define "distance education," TEACH applies to any online course whether the student is on or off campus and provides a different exemption to copyright law than Fair Use.
The TEACH Act affects what and how much digital content an instructor can use in an online environment.
TEACH does not allow:
The TEACH Act does not replace Fair Use or digital license agreements but acts as a supplement. The instructor will need to determine which best serves the intended purpose of the material to be used. If the use is beyond the TEACH Act or Fair Use, permission must be obtained. Digital or electronic content is subject to the same copyright restrictions as an analog work.
Works that an instructor would normally show or play during class - a movie or music clip, images of artwork or a poetry reading - are covered. However, it does not cover materials to be used by students outside of class time - textbooks, supplemental readings, etc. The instructor must include a notice of copyright on all online courses. This is best accomplished in the syllabus:
TEACH Copyright Notice
For assistance in determining if the TEACH Act is a viable exemption for your intended use, see the TEACH Act Checklist (see Appendix 188.8.131.52.1) in the Fontbonne University Policy Manual, Volume II .