TEACH Act Requirement
The copyrighted materials are not specifically marketed for use in the on-line classroom.
Explanation
Academic institutions are marketing whole on-line courses to other institutions (Carvevale, 2004) and businesses are producing learning modules for on-line classes. Because these materials are being sold for on-line use, reproducing them without the permission of the copyright holder is not permitted under the TEACH Act.
Related Issues
Although the materials described in the following two examples are not specifically marketed for on-line classes, reproducing them on-line without the copyright holder's permission would not permitted under the TEACH Act.
The Writing Fellows program has on-line versions of our handouts and worksheets which are designed to be easily used by on-line students. We also give permission for professors at any non-profit educational institution to make copies of our handouts for classroom use. However, it would be illegal for anyone to distribute these materials via the Internet without our permission.
Houghton-Mifflin has on-line practice tests available for many of their text books. If a professor of child psychology were to Bakatko and Daehler's Child Development: A Thematic Approach for their classes, he might require that his students take the ACE Practice Tests and send him the results. After getting the flood of e-mail messages with the tests, the instructor might decide to reproduce the tests in BlackBoard to make recording grades easier. Even though Houghton-Mifflin does not charge for people to use these quizzes, he child psychology professor should get Houghton-Mifflin's permission before making them directly available to his students instead of having them go to Houghton-Mifflin's web site.
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References and Resources
Bukatko, Danuta and Marvin W. Daehler. Child Development: A Thematic Approach. Boston: Houghton-Mifflin, 2004.
Carvevale, Dan. "More Professors Teach by Using Other Colleges' Online Courses." Chronicle of Higher Education. October 15, 2004. A28.
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