The TEACH Act Revealed! And Various other Irreverent Acts American Library Association Mid-Winter Meeting Philadelphia, PA January 25, 2003 Kenneth D. Crews Professor of Law and of Library and Information Science Indiana University Purdue University Indianapolis www.copyright.iupui.edu

Getting a Perspective Clarifying a Few Things The TEACH Act is NOT Required! The TEACH Act is NOT Automatic! The TEACH Act is NOT a Panacea! The TEACH Act is NOT “Fair Use”! The TEACH Act is NOT the same as “Classroom Use”! The TEACH Act is NOT Simple!

So What Is It? Looking on the Brighter Side The TEACH Act IS for the Benefit of Distance Education The TEACH Act IS a Protection from Copyright Liability The TEACH Act IS an Opportunity The TEACH Act IS a Responsibility

What Does it Do? Putting the TEACH Act in Context Copyright Protects Vast Range of Materials Original Works/Fixed in Tangible Medium No Requirement of Formalities Instant & Automatic Protection Many Uses in DE may be Infringements The TEACH Act modifies Section 110(2)

What Does TEACH do for ME? Improvements Over Previous Law Possible Protection from Liability Broadened Opportunities to Use Copyrighted Works in DE Expanded Scope of Usable Materials Expanded Range of Receiving Location Storage of DE Content Digitization of Analog Content

How Do I Use the TEACH Act? Getting Ready to Pick the Fruit With Considerable Caution With the Right Team Policymaking Authority Technological Expertise Well-Informed Faculty With Flexibility and Experimentation With a Sense of Humor

Putting My Policy Team to Work Deciding, Drafting, Disseminating Accredited Nonprofit Educat’l Institution Development of Copyright Policies Copyright “Informational Materials” Notice to Students about Copyright Access Limited “Solely” to Enrolled Students

Getting the Technology Right Or Can We? Technological Restrictions on Access only for Enrolled Students Technological Controls on Downloading Technological Controls on Further Transmission No Interference with Technological Control Measures embedded on Works

The Intellectual Content A Course is a Course is a Course, of Course Performances of nondramatic literary works Performances of nondramatic musical works Performances of any other work, including dramatic works and audiovisual works, but only in “reasonable and limited portions” Displays of any work “in an amount comparable to that which is typically displayed in the course of a live classroom session.”

Works Not Allowed Would We Want to Learn from Them Anyway? Works that are marketed “primarily for performance or display as part of mediated instructional activities transmitted via digital networks” Performances or displays given by means of copies “not lawfully made and acquired” under the U.S. Copyright Act, if the educational institution “knew or had reason to believe” that they were not lawfully made and acquired

The Well-Intended Professor aka “Not Jerry Lewis” The performance or display “is made by, at the direction of, or under the actual supervision of an instructor” The materials are transmitted “as an integral part of a class session offered as a regular part of the systematic, mediated instructional activities” of the educational institution The copyrighted materials are “directly related and of material assistance to the teaching content of the transmission”

Lingering Problems Problems Seem to Do That “Mediated Instructional Activities” “Class Session” Relationship to E-Reserves Repeat Uses and Access Mixed Delivery of a Single Course Technological Dilemmas The Holistic Expectation

Do I HAVE to do TEACH? Keeping Your Options Open Remember: TEACH is NOT Required Options: Alternative Delivery Methods Alternative Materials Seeking Permissions Fair Use Getting Guidance from Above

The TEACH Act Revealed! American Library Association Kenneth D. Crews Mid-Winter Meeting Philadelphia, PA January 25, 2003 Kenneth D. Crews Professor of Law and of Library and Information Science Indiana University Purdue University Indianapolis www.copyright.iupui.edu