2. TEACH Act Introduction
Designed to balance needs of distance
learners, educators, and copyright holders.
Applies to accredited, non-profit educational
institutions that meet requirements.
Enables and facilitates the legal use of
copyrighted materials for distance educational
purposes.
3. Potential Benefits Under the Act
Increased range of materials are available for
distance learning environments.
Distance learning sessions can be conducted
from virtually any location.
Students and teachers have greater freedoms
for storing, copying, and digitizing materials.
4. Requirements for Using
Copyrighted Materials & Act
Exemptions – synopsis
Institution must be accredited & non-profit
Materials MUST be:
Part of mediated instructional activities.
Limited to the specific number of enrolled
students.
Used for a “live” or asynchronous class session.
Limited to reasonable portions as compared to use
in a live classroom.
5. The Act Exemptions
The Act does not specifically extend to:
Electronic Reserves, course packs, or interlibrary
loans.
Commercial document libraries.
Textbooks or digital content provided under license.
Converted materials from analog to digital format.
THE ACT DOES NOT SUPERSEDE FAIR USE
6. Three Key Guidelines
Single Copying for Teachers
Multiple Copies for Classroom Use
Educational Uses of Music
* Copying applies to textbook and periodicals
7. Single Copying
A single copy can be made for scholarly
research or for teaching purposes from any of
the following:
A chapter from a text
An article from a periodical or newspaper
A short story/essay/poem
A chart/graph/diagram/picture from a
book, periodical, or newspaper
8. Multiple Copies
Multiple copies may be made for classroom
use or discussion – providing that copies:
Meet the tests of brevity and spontaneity
Meet the cumulative test
Each copy includes notice of copyright
9. Music
There are five permitted uses and five
prohibited uses of music for educational
purposes.
There may be occurrences of copying that
do not fall within the guidelines.
Teachers should refer to school policy and
Fair Use guidelines when in doubt.
10. Permitted Uses – synopsis *
1. Emergency copying to replace purchased copies
that are not immediately available.
2. Multiple copies for academic reasons other than
performances.
3. Purchased printed copies may be edited
providing that the original work is not distorted
or modified.
4. A single copy of student recordings made for
rehearsal or evaluation may be retained.
5. A single copy of audio exercises or examinations
my be retained.
* See Act for specific details
11. Conclusion/Summary
Schools are not required to use the
TEACH Act; it is an option.
Distance learning classrooms have
different rules and stipulations.
Single Copying and Multiple Copying.
Music as an educational medium.
Fair Use.
Our policies and procedures.
12. Example of Single Copy Use
An on-line English teacher copy’s a portion
of an article for the purposes of
demonstrating the effectiveness of writing
prose or how to interpret the mechanics of
public writing.
Refer to Title 17 for
explicit clarifications
13. Example of Multiple Copies Use
An on-line English teacher is conducting a
course on poetry.
The teacher copy’s a portion of a source and
distributes it to the students enrolled in the
course to address a question generated in
class.
The copies have been subjected to the tests of
brevity and spontaneity.
Refer to Title 17 for explicit
clarifications
14. Example of Music Use
A history teacher is discussing the correlations
between music lyrics and historic events.
The teacher selects music clips to share with
students to demonstrate those correlations.
Refer to Title 17 for
explicit clarifications
15. References
American Library Association. (2013). The TEACH Act and Some
Frequently Asked Questions. Retrieved from
http://www.ala.org/advocacy/copyright/teachact/faq#scope
Copyright Clearance Center. (2005). The TEACH Act; New Roles,
Rules and Responsibilities for Academic Institutions. Retrieved from
https://kodiak.wne.edu/content/enforced/23525-ED-615-51-
M20132/CR-Teach-
Act.pdf?_&d2lSessionVal=IrsDgomXDd9GU6Ia2RkNX8a7i
Cornell University. (2012). Title 17 Copyrights. Retrieved from
www.copyright.gov/title17/circ92.pdf
University of Texas. (2007). Copyright Crash Course. Retrieved from
http://copyright.lib.utexas.edu/teachact.html#toolkit
Hinweis der Redaktion
Discuss the correlation between copyright law and the TEACH Act with a focus on distance learning. Explain that distance learning includes any student who is enrolled on or off campus. Also discuss that some government entities are potentially able to utilize this Act.
Direct teachers to review the handout (New Roles, Rules and Responsibilities for Academic Institutions). Discuss our increasing role as a provider of distance learning and the potential impacts upon teaching methods.
Outline the necessity for teachers to be cognizant of the material’s purpose and how it is being used as an educational tool or enhancement. Mention that the four small bullets are not all inclusive and will require teachers to validate materials prior to use.
Discuss fundamentally how the Fair Use and the TEACH Act work. Provide an example of each approach.Provide clarity that the choice of using these approaches rests with the educational institution and that it is not mandatory or dictated by law. Allow for questions and answers. Discuss our school’s current policies regarding both approaches.
Provide teachers with copies of the Agreement on Guidelines of Classroom Copying(17 USC 107). Prepare teachers to briefly discuss each of these individually (key guidelines) with the following slides.
Communicate to teachers that the specific requirements are included in their information packet (17 USC 107). Provide brief examples of each point. These examples are also to be included in the packet.
Communicate to teachers that the specific requirements are included in their information packet (17 USC 107).Clearly address the definitions of brevity and spontaneity as defined by the Act. In addition, discuss the cumulative test with specific attention to the prohibitions section as outlined in the Act. Provide time for questions regarding the definitions and the cumulative test. The majority of presentation time will most likely be with this slide. An example of each bullet is to be provided in the teacher information packet.Copyright examples should be included in the information packet for the teachers as a source of reference.
Discuss how not all situations will fall within the guidelines and may be applicable to Fair Use. Teachers are to openly discuss music usage among themselves. After this discussion, solicit a few examples from the teachers of a permitted use of music in a distance learning setting. Further discussion should include the challenges from using music in this setting. School policy and procedures are to be referred to by teachers whenever in doubt. Teachers are to contact their immediate supervisor or human resources if an answer to a concern does not seem apparent within our policy.
This slide will also require a significant amount of time to discuss and compare to our school’s distance learning policies. It will be necessary to stress and maintain focus that we are discussing distance learning activities and not traditional classroom settings. Depending on the conversation and feedback, an additional meeting addressing traditional classroom activities may be required.
The conclusion slide has six important points that require reiteration. Begin the conclusion by reminding the teachers that the Act is an option for our school. Since our school is a non-profit educational institution and that we may meet all the requirements; a review of our policy as applied to the TEACH Act may be warranted. Re-address that distance learning classrooms are the focus of the Act, not traditional face-to-face classrooms. Mention that the Copying and Music guidelines, an internet link to the Fair Use guidelines, are provided in the information packets along with our school policy. Lastly, mention that mentors, supervisors, and human resources are available for any suggestions or questions regarding our school’s distance learning activities.
Specific examples of music clips (crisis):Alan Jackson’s Where Were You When the World Stopped Turning (9/11/11), Rolling Stones Give Me Shelter (Vietnam War), and Crosby, Stills, Nash & Young’s Ohio (1970) Kent State University.