1. The TEACH Act and You Technology, Education, and Copyright Harmonization Act Emily Hester

2. Before the TEACH Act… Under 1976 copyright law, online transmissions of copyrighted works was not allowed even when the same materials could be shown in a face-to-face setting and be protected by fair use (Simpson, 2005, p.28) Teachers could use materials in a face-to-face learning environment but were unable to transmit (by radio, video, and later online) any copyrighted works (Simpson, 2005, p. 115) Explicit permission was needed for online transmission of any work (Simpson, 2005, p. 28)

3. What is the TEACH Act? T.E.A.C.H. Act = Technology, Education, and Copyright Harmonization Act Created because of a stipulation in the Digital Millennium Copyright Act which required the Register of Copyrights to develop guidelines for distance education (Simpson, 2005, p. 115) Completely revises section 110(2) of U.S. copyright law with legislation that provides guidelines on how protected materials can be used in distance education (Simpson, 2005, p.115) “The TEACH Act essentially changed the terms and conditions under which eligible educational institutions could incorporate copyrighted works into their electronically transmitted courses” (Armatas, 2008, p. 74).

4. What are the Guidelines? Materials must be directly connected to current instruction Only officially registered students may view materials Works must be quickly removed from viewing Schools must have means to protect the copyright of any materials being transmitted (Simpson, 2005, p. 116)

5. What is Distance Education? Takes place in isolated sessions Each part occurs within a confined span of time Instructional activities must resemble traditional classroom sessions Teacher-directed activities such as lectures are favored to qualify for TEACH Act exemptions (Crews, 2002, p. 3; Simpson, 2005, p. 116)

6. Who is Responsible for Complying? Policy Makers Informational Technology Staff Instructors (Crews, 2002; Simpson, 2005)

7. Responsibilities of Policy Makers Benefits only apply to accredited nonprofit institution Institution must adopt a copyright policy Must distribute copyright information to faculty, students, and staff (copyright compliance training) Must notify students that course materials may be protected by copyright Only students enrolled in course may have access to transmitted materials (Crews, 2002, pp. 5-6; Simpson, 2005, p. 117)

8. Responsibilities of IT Staff Create a system that allows access to materials only by students enrolled in a specific class Technological controls to protect against unauthorized sharing and reproduction Institution’s transmission of materials cannot interfere with technological measures (restrictive codes) placed by copyright owners to control their works Must make long term retention of materials out of student reach Institution can store materials and reuse from term to term (Crews, 2002, pp. 6-8; Simpson, 2005, p. 117)

9. Responsibilities of Instructors Oversee all use of copyrighted materials Use must be part of regular instruction Use must be directly related to current instruction Use cannot be for entertainment or rewards May not digitize textbooks or workbooks or other materials students would normally purchase May digitize materials IF Amount is appropriately limited The work is not available digitally (Crews, 2002, pp. 8-10; Simpson, 2005, pp. 117-118)

10. What is Allowed? Permitted Materials Nondramatic literary works Nondramatic musical works Portions of dramatic works and audiovisual works Displays of any work in an amount comparable to that in a traditional classroom session (Crews, 2002, p. 8) Excluded Materials Complete or long works Works stored on Web sites without protection Materials available on demand (all works must be made available for a specific, limited time frame) (Simpson, 2005, p. 116)

11. What can Librarians do? Help develop institution’s copyright policy Organize the gathering of copyright information materials needed for compliance Develop collection policies for copies of distance education transmissions that may be held by the library Collect appropriate materials for teachers’ use in distance education transmissions (Crews, 2002, p. 11)

12. What can Librarians do? Offer alternative access to materials that cannot be included in distance education programs Expand reserve services or database access Purchase alternative formats or multiple copies of works Use copyright knowledge to decide when fair use can be applied rather than the TEACH Act Stay current by researching and tracking developments related to the TEACH Act (Crews, 2002, p. 11)

13. Remember… “Librarians need to stay on top of changes in the copyright law” (Russell, 2003, p. 54). “Continue learning and remain involved in decisions affecting copyright policy at your school” (Russell, 2003, p. 54). “Librarians have a mission centered on the management and dissemination of information resources. Distance education is simply another form of exactly that pursuit” (Crews, 2002, p. 10).

14. References Armatas, S. (2008). Distance learning and copyright: A guide to legal issues. Chicago, IL: ABA Publishing. Crews, K. (2002). New copyright law for distance education: The meaning and importance of the TEACH Act. Retrieved from http://www.ala.org/issuesadvocacy/copyright/teachact/ teachsummary.pdf Russell, C. (2003). A tough act to follow. School Library Journal, 49(11), 52-54. Retrieved from http://0- search.ebscohost.com.ucark.uca.edu/login.aspx? direct=true&db=afh&AN=11297485&site=ehost-live Simpson, C. (2005). Copyright for schools: A practical guide (4 th ed.). Worthington, OH: Linworth Publishing, Inc.