What Does the TEACH Act Say?

TEACH says it is not copyright infringement for teachers and students at an accredited, nonprofit educational institution to transmit performances and displays of copyrighted works as part of a course if certain conditions are met. If these conditions are not or cannot be met, use of the material will have to qualify as a fair use or permission from the copyright holder(s) must be obtained.

TEACH Act Requirements (Overview)

WHO:

Accredited Nonprofit Educational Institution or Governmental Body

WHAT:

Performances of nondramatic literary works or
Performances of nondramatic musical works or
Performances of reasonable portions of any other work or
Display of any other work in an amount comparable to that typically displayed in a live classroom setting

BUT NOT:

Digital educational works (Works produced or marketed primarily for performance/display as part of mediated instructional activities transmitted via digital networks) or
Unlawful copies (copies you know or reasonably should know were not lawfully made or acquired)

WHEN:

By, at the direction of, or under the actual supervision of an instructor, and
As an integral part of a class session, and
As part of systematic mediated instructional activities, and
Directly related and of material assistance to the teaching content

HOW:

Transmission made solely for and reception limited to (as technologically feasible) students enrolled in the course, and
Downstream controls instituted:

Technological measures that reasonably prevent-
Retention in accessible form for longer than a class session
Unauthorized further dissemination in accessible form, and

No interference with copyright holder's technological measures that prevent such retention and dissemination

CONVERSION
ANALOG TO DIGITAL:

Conditions allowing conversion:
No digital version available to the institution or
The available digital version is technologically protected to prevent TEACH uses

GENERAL INSTITUTIONAL REQUIREMENTS:

Promulgate copyright policies and
Provide accurate information about copyright and
Promote copyright compliance and
Provide notice to students that course materials may be copyrighted