What Does TEACH Say?

TEACH says it is not copyright infringement for teachers and students at a nonprofit educational institution to transmit performances and displays of copyrighted works as part of a course if certain conditions are met.  If these conditions are not or cannot be met, use of the material will have to qualify as a fair use or permission from the copyright holder(s) must be obtained.

TEACH Act Text

Senate Report

TEACH Requirements (Overview)

WHO:       Accredited Nonprofit Educational Institution or Governmental Body

WHAT:    Performances of nondramatic literary work or 
               Performances of nondramatic musical works or 
               Performances of reasonable portions of any other work or 
               Display of any other work in an amount comparable to that typically displayed in a live  classroom setting

WHEN:   By, at the direction of, or under the actual supervision of an instructor as an integral part of a class session, as part of systematic mediated instructional activities, and directly related and of material assistance to the teaching content.

HOW:  Transmission must be made solely for and reception limited to (as technologically feasible) students enrolled in the course

           Downstream controls, i.e., technological measures that reasonably prevent retention in accessible form for greater than the class session (defined as the time the student logs in and logs out) and that prevent further dissemination in accessible form.  

          No interference with the copyright holder's technological measures that prevent such retention and dissemination

CONVERSION FROM ANALOG TO DIGITAL

         Allowed if there is no digital version available to the institution or the available digital version is technologically protected to prevent TEACH uses

GENERAL INSTITUTIONAL REQUIREMENTS:

         Promulgate copyright policies and

         Provide accurate information about copyright and

         Promote copyright compliance and

         Provide notice to students that course materials may be copyrighted