President George W. Bush on November 2, 2002, signed the Technology, Education, and Copyright Harmonization (TEACH) Act. This Act is the product of discussion and negotiation among academic institutions, publishers, library organizations and Congress. It offers many improvements over previous regulations, specifically sections 110(2) and 112(f) of the U.S. Copyright Act.
The Copyright Clearance Center states that, "the Technology, Education, and Copyright Harmonization (TEACH) act facilitates and enables the performance and display of copyrighted materials for distance education by accredited, non-profit educational institutions (and some government entities) that meet the Act's qualifying requirements. Its primary purpose is to balance the needs of distance learners and educators with the rights of copyright holders. TEACH applies to distance education that includes the participation of any enrolled student, on or off campus."
It is important to note that the TEACH Act does not supersede Fair Use or existing digital license agreements.
In exchange for unprecedented access to copyright-protected material for distance education, TEACH requires that the academic institution meet specific requirements for copyright compliance and education. (For the full list of requirements see the TEACH Act at www.copyright.gov/legislation/archive
In order for the use of copyrighted materials in distance education to qualify for the TEACH exemptions, the following criteria must be met:
This guide is for informational purposes only.
It should not be used in place of the advice of legal counsel.
The following actions are allowed under the TEACH Act:
The new exemptions under the TEACH Act specifically do not extend to: