Library Home: Copyright & Citing Sources: TEACH Act

What is the TEACH Act?

The Original TEACH Act Toolkit (lib.lsu.edu)
Checklists, examples, glossary & more
(TEACH) Act : OFFICIAL LANGUAGE (congress.gov) Technology, Education and Copyright Harmonization (TEACH) Act

Works explicitly excluded from TEACH Act protection:

Works that are " supplementary materials (e.g. textbooks and course pack materials)" transmitted via digital networks. This is " to prevent the electronic distribution of materials that are specifically created for student use outside the classroom."
Performances or displays given by means of copies "not lawfully made and acquired" under the U.S. Copyright Act, if the educational institution "knew or had reason to believe" that they were not lawfully made and acquired.

Don't use pirated works, or works you suspect might be violating U.S. Copyright law. Ask a librarian for assistance. Email us: library@fvtc.edu

TEACH Act "Criteria of Use"

1. Accredited nonprofit institution.
Criteria met by > FVTC College Accreditation
2. The educational institution must "institute policies regarding copyright,"
Criteria met by > College Policies:Copyright Compliance
3. The institution must "provide informational materials" regarding copyright
Criteria met by > Library Guide: Copyright means copy right
Guide describes, and promotes compliance with, the laws of United States relating to copyright.

4. (Instructor Responsibility) REQUIEREMENT: Provide "notice to students that materials used in connection with the course may be subject to copyright protection."
Add this statement to course template: (Or something similar)
"Copyrighted materials on this course site are only for the use of students enrolled in this course and may not be retained or further distributed to others, except when otherwise noted."
5. (Instructor Responsibility) REQUIREMENT: The transmission of content must be made "solely for ...students officially enrolled in the course for which the transmission is made."
Add this statement to course template, and make clear for each instance of use by reading aloud or posting with link: (Or something similar)
"This performance is copyrighted material permitted for use under the TEACH Act. Viewing is restricted to students enrolled in this course. This material may not be retained or further distributed to others."

Guide to the TEACh Act (University System of Georgia)
TEACH Act Checklist (utexas.edu)
TEACH Act Examples (rockhurst.edu)
TEACH Act Guidelines (ogc.yale.edu)
Is it permissible to stream a movie clip from one semester to the next? (usg.edu/copyright)
Oddly enough, yes. Under the TEACH Act, performances of a reasonable portion of a video are not restricted to one-semester use while the reproduction and distribution of print material under the Guidelines on Multiple Copying for Classroom is restricted to one semester use without permission. This is because these materials are reproduced in multiple copies. The difference is that the movie clip cannot be downloaded by students and is only performed and not duplicated by or for students.
Can you be more specific about the amount of time material may be used in a password protected course? (usg.edu)
It depends on what the material is. If it is text material, then the Guidelines on Multiple Copying for Classroom Use apply, and they relate to use for one term only without permission. If the material is a graphic work, a sound recording, movie or other video performance, then the TEACH Act applies, and it has no time limitation although it has many other restrictions such as the portion that may be used, etc.
Do I Need Public Performance Rights (guides.uflib.ufl.edu)
Summary:

YES -- you need public performance rights:

If the showing of the video is open to the public, such as a screening at a public event, OR
If the showing is in a public space where access is not restricted, such as a a showing of a film for a class but in a venue that is open to anyone to attend, OR
If persons attending are outside the normal circle of family and friends, such as a showing of a film by a club or organization.

NO -- you do not need public performance rights:

If you are privately viewing the film in your home with only family and friends in attendance, OR
If you are an instructor showing the film in class as part of the course curriculum to officially enrolled students in a classroom that is not open to others to attend, OR
If the film is in the public domain.