The Technology, Education, and Copyright Harmonization Act (TEACH Act)
updates Copyright Law, “expanding somewhat the scope of educators’
rights to perform and display works and to make the copies to such performances
and displays integral for digital distance education. Fair use considerations
remain important because the TEACH Act authorizes only a small subset
of electronic materials educators may want to make. This Act allows
for the digitization of media for the use in an online instructional
setting under the following circumstances:
- Access to the copyrighted works must be limited to students currently
enrolled in the class.
- Access may only be granted for the time period necessary for students
to complete the class session.
- Technology safeguards must be in place to prevent the further copying
of the copyrighted works.
- Technology safeguards must be in place to prevent the distribution
of the copyrighted works.
- The digitization of a work may happen only if there is no commercially
available digital version or the digital version that is available
has technological measures that prevent its use in an online environment."
(from Pomona College's "Copyright
Guidelines:Non Print Media," c2003-2004 http://www.oit.pomona.edu/about_its/policies/copyright_nonprint.shtml.
For more information about what it provides for distance learning,
questions and answers, best practices, and a checklist of what institutions
and educators need to know, see: