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TEACH Act
The "Technology, Education and Copyright
Harmonization Act" (TEACH Act) redefines the terms and conditions on which
accredited, nonprofit educational institutions throughout the U.S. may
"fairly use" copyright protected materials in distance education.
In general, TEACH is more
restrictive than the law allowing face-to-face instructional use of
copyrighted materials.
If you are interested in using copyrighted materials, here are some of the
highlights of the Act, and North Carolina State offers an excellent
checklist to help in your planning.
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Avoid use of commercial
works that are sold or licensed for purposes of digital distance
education.
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Avoid use of pirated works
or works where you suspect the copy was not lawfully made.
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Generally limit use of works
to an amount and duration comparable to what would be displayed or
performed in a live physical classroom setting.
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Supervise the digital
performance or display and make it an integral part of a class session.
The copyrighted work should be part of a class assignment in the
distance education course. It should not be an entertainment add-on or
passive background/optional reading.
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Use software tools--like
Blackboard--provided by the college to limit access to the works to
students enrolled in the course, to prevent downstream copying by those
students, and to prevent the students from retaining the works for
longer than a “class session.”
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Notify the students that the
works may be subject to copyright protection and that they may not
violate the legal rights of the copyright holder. Example:
"The materials on this course Web
site are only for the use of students enrolled in this course. Materials
may not be retained, forwarded or disseminated."
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