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Copyright means copy right: TEACH Act

DISCLAIMER: Material provided is only intended as a guide. This guide is not a substitute for professional legal advice.

What is the TEACH Act?

  1. The TEACH Act is not an application of "Fair Use".
  2. Fair Use allows "Spur of the moment" use of larger portions of works...but  has restrictions on any continued reuse of the same materials.
  3. TEACH Act allows temporary access to what is normally shown in the face-to-face classroom ONLY, but (UNLIKE "Fair Use" restrictions) can be used again - temporarily - every time that part of the course or class is taught.

The TEACH Act redefines the terms and conditions for using copyrighted works in distance education.

TEACH Act Permits
display and performance of nearly all types of works for a brief period of time.
copying and storage that is necessary for your system to work.
digitization of some analog works if the work is not already available in digital form.
However, TEACH Act also is
much more rigorous when the materials are uploaded to websites because the works become so much more easily distributed.
It is NOT intended to permit scanning and uploading of full or lengthy works, to be stored on a website, for students to access throughout the semester - or even for private study in connection with a formal course.

Works explicitly excluded:

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"

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."


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