Section 110(2) of the Copyright Act, a provision sometimes called the TEACH Act, gives accredited, nonprofit U.S. educational institutions the right, under certain circumstances, to use copyrighted materials for organized instructional activities that are not in face-to-face traditional classroom settings. Fair use, codified at Section 107 of the Copyright Act, also provides users rights to use materials without permission under certain circumstances and can apply to online education.
Use this handy checklist to see if you are ready to use the TEACH Act
__ My institution is a nonprofit accredited educational institution or a government agency
__ It has a policy on the use of copyrighted materials
__ It provides accurate information to faculty, students and staff about copyright
__ Its systems will not interfere with technological controls within the materials I want to use
- Yes, because, you are using your Canvas course space or you are logging in to a teacher's station on-campus.
__ The materials I want to use are specifically for students in my class
- Yes, because your students accessing the content in the Canvas course space for which they are enrolled and are doing so only by logging in to their Bucks account or they are on your roster and in their seat in the classroom of the course for which they are enrolled.
__ Only those students will have access to the materials
- Yes, because your students accessing the content in the Canvas course space for which they are enrolled and are doing so only by logging in to their Bucks account or they are on your roster and in their seat in the classroom of the course for which they are enrolled.
__ The materials will be provided at my direction during the relevant lesson
- Yes, because you choose to display the materials in your classroom during class at a moment of your lesson in which the material is most applicable to the learning objective for the lesson or because you make available in a module in your Canvas course space the material for a period of time in your instruction during which the material is most applicable to the learning objective of the module.
__ The materials are directly related and of material assistance to my teaching content
- Yes because student access to the materials supports student learning of an objective or objective of your instruction.
__ My class is part of the regular offerings of my institution
- Yes, because your course is part of the course catalog and required in at least one program of study.
__ I will include a notice that the materials are protected by copyright
- Yes, you will include in your orientation module and/or in your syllabus the following statement, including hyperlinks: Notice to students: Materials used in connection with this course may be subject to copyright protection. Learn more about the college's policy and practices for ethical use of information at: https://www.bucks.edu/library/copyright/
__ I will use technology that reasonably limits the students' ability to retain or further distribute the materials
- Yes, because access will be limited to a duration most relevant to instruction.
__ I will make the materials available to the students only for a period of time that is relevant to the context of the class session
- Yes, because access will occur during class time or in a module locked/available for a limited portion of the course duration.
__ I will store the materials on a secure server and transmit them only as permitted by this law
- Yes, because materials will reside on OneDrive, VidGrid or Canvas.
__ I will not make copies other than the one I need to make the transmission
__ The materials are of the proper type and amount the law authorizes, including one of the following types:
- Entire performances of nondramatic literary and musical works
- Reasonable and limited parts of a dramatic literary, musical, or audiovisual work
- Displays of other works, such as images, in amounts similar to typical displays in face-to-face teaching
__ The materials are not among those the law specifically excludes from its coverage:
- Materials specifically marketed for classroom use for online education
- Copies I know or should know are illegal
- Textbooks, coursepacks, electronic reserves and similar materials typically purchased individually by the students for independent review outside the classroom or class session
__ If I am using an analog original, I checked before digitizing it to be sure:
- I copied only the amount that I am authorized to transmit
- There is no digital copy of the work available except one with technological protections that prevent my using it for the class in the way the statute authorizes
