The Technology, Education, and Copyright Harmonization (TEACH) Act attempts to improve upon some of the restrictive nature of the DMCA by offering many improvements over the previous version of Section 110(2) of copyright legislation. In addition, this act updates copyright law in the area of digital online education and, if the requirements are met, facilitates the use of copyrighted materials in digital online education efforts without having to obtain prior permission from the copyright owner. The TEACH Act make five basic changes to previous copyright legislation:

1. "It expands the categories of works that can be performed in distance education beyond nondramatic literacy and musical works to reasonable and limited portions of other works, with the exception of works produced primarily for the education market.
2. It removes the concept of the physical classroom and recognizes that a student should be able to access the digital content of a course wherever he or she has access to a computer.
3. It allows storage of copyrighted materials on a server to permit asynchronous performances and displays.
4. It permits institutions to digitize works to use in distance education when digital version do not already exist and when the digital work is not subject to protection measures that prevent its use.
5. It clarifies that participants in authorized distance education courses and programs are not liable for infringement for any transient or temporary reproductions that occurs through the automatic technical process of digital transmission" (Gasaway, 2001, p. 83).

References:
Gasaway, L. N. (2001, November). Balancing copyright concerns: The TEACH act of 2001. EDUCAUSE Review, 36(6), 82-83.

THE TEACH ACT COPYRIGHT NOTICE

In addition to the distribution of informational materials, the statute "further specifies that the institution must provide notice to students that materials used in connection with the course may be subject to copyright protection" (Crews, 2002). The student notice should be included on materials distributed in the class or on a separate page in WebCT.

Shown below is the notice that should be implemented with course materials.

"The materials on this course web site are only for the use of students enrolled in this course for purposes associated with this course and may not be retained or further disseminated. Further Information regarding KCC's copyright policy is available at http://www.kcc.edu/FacultyStaff/resources/copyright/Pages/default.aspx

References:
Crews, K. D. (2002). New Copyright Law for Distance Education: The Meaning and Importance of the TEACH Act. Retrieved March 25, 2003, from http://www.copyright.iupui.edu/teach_summary.htm.

TEACH ACT GUIDELINES

The Technology, Education, and Copyright Harmonization (TEACH) Act updates copyright law in the area of digital online education and, if the requirements are met, facilitates the use of copyrighted materials in digital online education efforts without having to obtain prior permission from the copyright owner. The TEACH Act is a compromise between the needs of academia to make free use of copyrighted materials as an efficient and effective teaching tool, and the needs of copyright holders to protect the value of their work effort.

However, the TEACH Act imposes requirements on the use of copyrighted materials in online education. The TEACH Act is more restrictive than the law allowing face-to-face instructional use of copyrighted materials. For uses that fall outside the scope of TEACH, the user should seek permission or evaluate the use under the fair use exemption of the copyright law.   To assist in compliance, use the fair use checklist to make sure all requirements have been met.

What is involved:

but not:

• Digital educational works (Works produced or marketed primarily for performance/display as part of mediated instructional activities transmitted via digital networks) or
• Unlawful copies (copies you know or reasonably should know were not lawfully made or acquired)

How are things to be transmitted:

Conversion of analog materials to digital format:

• Conditions allowing conversion:
  No digital version available to the institution or
  The available digital version is technologically protected to prevent TEACH Act use

DMCA

The Digital Millennium Copyright Act (DMCA) revises the terms on which faculty, librarians, students, and staff may use email, websites, and other technology at the university. The law alters fundamental activities such as library services, research, website development, distance education, and Internet access. Specifically, the Digital Millennium Copyright Act:

1. "limits copyright infringement liability for Internet Service Providers (ISPs) for the mere transmission of information as a conduit or transient host, provided no knowledge or financial gain is present,
2. establishes guidelines for the removal by ISPs of material from the Internet that appears to be an infringement upon the knowledge by the ISP,
   limits liability against institutions when faculty members use educational facilities in order to publish materials electronically,
3. makes criminal the circumvention of anti-piracy devices, also known as "little black boxes,"
4. outlaws code-cracking devices but not ones being employed for research, testing, law enforcement activities and related legal means,
5. states that the fair use doctrine remains a viable defense in copyright infringement matters but does not go into much detail,
6. updates the library exemption for facilities to take advantage of digital technology while engaging in activities similar to those for non-digital methodologies,
7. directs the Register of Copyright to consult with educators, copyright owners, and libraries, and to submit recommendations for the promotion of distance education through digital means, and
8. implements two treaties regarding the respecting of copyright laws internationally" (Diotalevi, 2003).

References:

Diotalevi, R. N. (2003, March). An Education in ©opyright Law: A Primer for Cyberspace. LIBRES: Library and information science electronic journal. http://libres.curtin.edu.au/libres13n1/diotalevi.htm