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 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