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Penn State Advice about "TEACH Act" exceptions vs "Fair Use"
How is the TEACH Act Related to Other Copyright Laws? (copyright.psu.edu)
"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."
Would Fair Use Materials Fall Under the TEACH Act? (copyright.psu.edu)
"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."
How many times may I use copyrighted materials covered by the TEACH Act before I have to request permission from the copyright owner? (copyright.psu.edu)
"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."
Copyright: Fair Use and the Teach Act (/libraryguides.uwsp.edu)
Use legally acquired or purchased copies of materials and always include copyright notices and remind students that copyrighted works should not be copied and redistributed to others.
Restrict the D2L access to those students enrolled - this is done through authentication
Block access to materials after the course has ended - this is automatic
When possible, it is preferable to link to electronic material that is already licensed by the library rather than make digital copies.
Follow the same principles for fair use that apply to print materials.
ONL Online Teaching: TEACH Act & Copyright (https://libguides.uwc.edu)
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.