The TEACH Act affects what and how much digital content an instructor can use in an online environment.
- Posting content that would normally be used in a face-to-face class session, limited to the students in a specific course
- Performance of entire non-dramatic works (poetry or short story reading, standalone pieces of music such as a song or a concert piece, documentaries, interviews, etc.)
- Reasonable and limited portions of other works (films, videos, dramatic musical works)
TEACH does not allow:
- Transmission of textbook materials
- Transmission of materials "typically purchased or acquired by students"
- Transmission of works developed specifically for online uses (These should come with separate copyright guidelines.)
- Conversion of material from analog to digital when the digital version is protected by technological means or is unavailable
- Uses of unlawfully acquired copies
- Electronic reserves or electronic course packs
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
The materials on this course site are only for the use of students enrolled in this course for purposes associated with this course and may not be retained or further disseminated.