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Copyright and Fair Use

The TEACH Act

Under the TEACH Act, you may use:

  • An entire performance of a nondramatic literary or musical work, or
  • Reasonable and limited portions of a dramatic literary, musical, or audiovisual work, or
  • Other works such as images in an amount comparable to what would be displayed in a live classroom session.

TEACH Act Requirements

  • Institutional Requirements:
    • Your institution must be an accredited nonprofit educational institution or government agency,
    • Your institution must have policies regarding copyright,
    • Your institution must provide accurate information to faculty, staff, and students about copyright.
  • Teaching Requirements:
    • Works must be performed or displayed at the direction or under the supervision of the instructor.
    • Works must be performed or displayed as an integral part of regular class time instruction
    • Works performed or displayed must be directly related and of material assistance to educational objectives of the class.
  • Technological requirements:
    • Works must be strictly limited to officially enrolled students,
    • Technical controls preventing downloading, copying, access to materials beyond the class session, and unauthorized further dissemination
    • Must not interfere with technological protection measures already in place.
  • Materials that are excluded from TEACH Act coverage:
    • Materials specifically marketed for e-learning or digital distance education,
    • Copies you know or should know are illegal,
    • Textbooks, coursepacks, electronic reserves, and similar materials typically purchased individually by students for independent review outside the classroom.
  • If you are using an analog original, be sure that:
    • You have only copied the amount that you are authorized to transmit (e.g. don’t copy an entire movie if you’re only using clips),
    • There is no digital copy of the work available except with technological protections that prevent you from using it for the class in the way the statute authorizes.