The TEACH Act, signed by President Bush on November 2, 2002, the Technology, Education, and Copyright Harmonization (TEACH) Act is the product of discussion and negotiation among academic institutions, publishers, library organizations and Congress. It offers many improvements over previous regulations, specifically sections 110(2) and 112(f ) of the U.S. Copyright Act.The following overview of the TEACH Act seeks to balance the perspectives of both copyright owners and content users, and provide guidance for today’s academic institutions. (Copyright Clearance Center, 2005)
The significance of the TEACH Act at UAA is directly linked to the rules on using and posting copyrighted material into our online course environment, specifically UAA Blackboard course shells. The TEACH Act supercedes the Fair Use Four Factors when copyrighted materials are used in an academic setting.
According to the TEACH Act you may post copyright protected material in an online course system for educational use.
To determine if you may use copyright protected materials use the following TEACH Act criteria:
- You must teach for an accredited, non-profit educational institution. (UAA qualifies) YES, move to the next qualifier:
- The use must be a part of mediated instructional activities. YES, move to the next qualifier:
- The use must be limited to a specific number of students enrolled in a specific class. YES, move to the next qualifier:
- The use must be for a “live” or “asynchronous” class session. YES, move to the last qualifier:
- The use must not include transmission of a textbook materials, these are materials “typically purchased or acquired by students, textbooks or course pack materials” Textbook materials no longer required or out of print can be used, only after three years of the required use.
- This last qualifier can occasionally be tricky if a book is out of print. If you feel you must use publisher materials for the course, and they do not fall under this qualifier, contact the publisher for possible electronic versions or contact your library liason to see if they hold an electronic copy with license to link into the course for student use.
If your situation fits the TEACH Act you can use copyrighted materials in a course at UAA.
Visit UAA Instructor Resources for more information about Copyright & Academia