It looks like you're using Internet Explorer 11 or older. This website works best with modern browsers such as the latest versions of Chrome, Firefox, Safari, and Edge. If you continue with this browser, you may see unexpected results.
Copyright & Citing Sources: "Fair Use" vs "TEACH Act"
DISCLAIMER: Material provided is only intended as a guide. This guide is not a substitute for professional legal advice.
"It is important to understand that the TEACH Act serves as an extension of existing copyright laws.
The TEACH Act covers additional situations that may occur in the digital environment but not in the face-to-face classroom."
"No, the TEACH Act is not an application of fair use with its restrictions on any continued reuse of the same materials. Instead, it is a version of the exemption for public performance in the classroom."
"The TEACH Act is not an application of fair use with its restrictions on any continued reuse of the same materials. Instead, it is a version of the exemption for public performance in the classroom rules. Just as the public performance exemption does not require that a professor (or institution) destroy the slides made for presentation in class (or copies of movies or other content made for display in class), the TEACH Act also does not require such an action." SUMMARY: "...if the uses are TEACH Act qualifying uses (meeting those restrictions specified within the TEACH Act text) then no authorization or royalties are necessary regardless of the number of times the materials are reused or the span between such uses. If the material is “fair use” dependent, then reuse by the same instructor in the same or a similar course would likely trigger a need for authorization and royalties."
The BASICS: Use legally acquired or purchased copies of materials. [Includes Open Access content.] Always include copyright notices and remind students that copyrighted works should not be copied and redistributed beyond the classroom.
- Restrict access to students enrolled in course.
- Link to electronic material rather than make digital copies.
- Follow principles for fair use.
- Attribution required - give credit for all borrowed content.
The TEACH Act is not a blanket exemption that allows any and all reproduction for online instruction. There are specific requirements that must be met if an instructor wishes to take advantage of the provisions of the TEACH act.