Skip to Main Content

Intellectual Property: Copyright, Trademark, Patents, and Fair Use

This guide provides access to resources and tools relating to copyright and trademark resources

TEACH Act

 

The Technology, Education and Copyright Harmonization Act, otherwise known as the TEACH Act, was developed in response to the increasing use of technology to deliver and display recordings of performances or images as part of a distance education program. The law was enacted in 2002 and revises sections 110(2) and 112(f) of the U.S. Copyright Act.

Under the TEACH Act, instructors at accredited nonprofit educational institutions may transmit legally acquired content as described below to any enrolled students, much as they would share this same content with students in a physical classroom.  They may share:

·         a performance or the display of an image they have produced for the course;

·         a performance of a non-dramatic literary or musical work, such as poetry and short story readings, all music other than opera, musicals and music videos, where the copyright is owned by another;

·         reasonable and limited portions of any other performance including all audiovisual works, plays, opera, musicals and other dramatic musical works where the copyright is owned by another; or

·         a display of any image directly related to the subject matter of the course where the copyright is owned by another.

In order for its faculty to teach within the confines of the Act, the Institution is required to

·         have copyright policies in place;

·         share copyright compliance information with faculty, students, and staff;

·         limit access to the content to the duration of the course;

·         forbid the sharing of the content beyond the course; and

·         not interfere with technology put in place by copyright owners to prevent such retention or unauthorized further dissemination.

The TEACH Act does not supersede an educator’s right to evoke fair use in his or her teaching practices.  

(See Jane Davis’ Guide: http://websupport1.citytech.cuny.edu/websupport1/It/online/faculty/Permissions%20Guide.pdf)

Not sure what she means by this:

Additional Conditions: The performance or display must be: ● Made by, at the direction of, or under the supervision of the instructor;