1. 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

2. 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!

3. 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

4. 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)

5. 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

6. 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

7. 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

8. 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

9. 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.”

10. 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

11. 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”

12. 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

13. 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

14. 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