Distance Education & Copyright
The TEACH Act (an amendment
to the copyright law) broadens the scope of materials that can be
transmitted digitally to support distance education and courses
with a digital component.
The following displays and performances are allowed to be transmitted:
- Displays
- All types of materials may be displayed but only
in an amount comparable to what is typically
displayed in a live classroom setting.
- Performances
- Complete versions of nondramatic literary or musical works may be performed.
- Only limited and reasonable portions of any other work such as literary and musical works, audiovisual works, and sound recordings may be performed.
The following materials may not be transmitted under the distance education exemption:
- Textbooks, course packs or other material in any media, copies or phonorecords which are typically purchased or acquired by students for their independent use and research that would be used in one or more class session.
- Works that are marketed primarily for use in a digital classroom.
If the use does not qualify for the distance education exemption, then the fair use analysis should be applied. Permission to use the work is required, if none of the exemptions apply.
Content in this page was used or adapted with permission from one or more institutions. Please see acknowledgements.