TEACH Expanded Checklist

General: Threshold Eligibility Questions

1.  Are you an accredited nonprofit educational institutional or governmental body?

Yes:  Proceed          No:  Stop; go to Fair Use or Permissions

2.  Do You have an institutional policy(s) that addresses the use of copyright materials and promotes compliance with U.S. copyright law?

Yes: Proceed          No:  Develop one

3.  Do you provide educational resources to your campus that accurately describe copyright rights and responsibilities?

Yes:  Proceed          No:  See Copyright@ LSU, LSU Libraries

Eligible Works: Types and Amounts

Generally:

1.  Is the work a digital educational work, i.e., a work produced or marketed primariliy for performance/display as part of mediated instructional activities transmitted via digital networks?

No:  Proceed          Yes: Go to Fair Use or Permissions

2.  Is the work lawfully made and acquired?

Yes:  Proceed          No:  Stop          Don't Know:  Would a reasonable evaluation indicate the origin of the work to be questionable?:  If so, stop.

3.  Is the work

     •  An integral part of the class session?
     •  Part of systematic mediated instructional activities?
     •  Directly related and of material assistance to the teaching content?
Yes:  Proceed          No  Reevaluate use of the work or go to Fair Use or Permissions.
Specifically:
4.  Amounts allowed:
     •  Nondramatic literary works:  All
     •  Nondramatic musical works:  All
     •  Any other works:
          Performances - Reasonable portions in an amount comparable to that performed in live classroom
          Displays - Amount comparable to that performed in live classroom
Yes:  Proceed          No:  Stop; Go to Fair Use or Permissions

Authentication

Is transmission of the work limited, as technically feasible, to students enrolled in the course?

Yes:  Proceed          No:  Stop; see Fair Use or Permissions

Downstream Controls

Have you implemented reasonable measures to prevent retention of the works for longer than the class session?

Have you implemented reasonable measures to prevent unauthorized further dissemination in accessible form by the students?

Yes:  Proceed          No:  Stop; see Fair Use or Permissions

Conversion: Analog to Digital

Is there a digital version of the work available to the institution?

Yes:  Is the digital version technologically protected to prevent TEACH uses?

     Yes:  Proceed

     No: Stop; see Fair Use or Permissions

No:  Conversion of analog to digital permitted

Notice to Students

Is there a notice accompanying the work notifying students that the work may be protected by copyright?

Yes:  Proceed

No:  Put one on; see examples