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Schoolcraft College Writing Fellows

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The TEACH Act

Dr. Jeremy Hall

The Technology, Education, and Copyright Harmonization (TEACH) Act became law on November 2, 2002. This new legislation relieves many of the constraints imposed by pre-existing copyright law on faculty using the Internet in instruction. The TEACH Act allows non-profit educational institutions to provide access to copyrighted materials via the Internet as long as “reasonable" technological protection measures (e.g., passwords, data streams, etc.) restrict access to all except registered students.

The law further stipulates that the copyrighted materials satisfy “fair use” guidelines and are used in a “mediated” instructional setting. In addition, the act specifically prohibits the use of protected materials as course reserves, textbooks, course packs, or anything else a student can purchase outside of class.

Colleges and universities seeking protection from litigation under the TEACH Act are required to establish copyright compliance policies and to provide faculty, staff, and students with information about United States Copyright Law thereby enabling compliance. The purpose of this module is to provide that information.

What is Protected?

The following things are protected under U.S. Copyright Law.

    blue bullet used to denote item in a listLiterary works
    blue bullet used to denote item in a listMusic (written or performed)
    blue bullet used to denote item in a listDramatic works
    blue bullet used to denote item in a listChoreographic works
    blue bullet used to denote item in a listDigital images
    blue bullet used to denote item in a listSculpture
    blue bullet used to denote item in a listVideo and audio works
    blue bullet used to denote item in a listComputer programs
    blue bullet used to denote item in a listJava applets
    blue bullet used to denote item in a listWeb pages
    blue bullet used to denote item in a listArtwork
    blue bullet used to denote item in a listArchitectural drawings
    blue bullet used to denote item in a listPhotographs
    blue bullet used to denote item in a listAnimations
    blue bullet used to denote item in a listMovies, videos, laserdiscs, etc
    blue bullet used to denote item in a listEVERYTHING ON THE WEB

What is Not Protected?

The following things are not protected under copyright law.

    blue bullet used to denote item in a listFacts
    blue bullet used to denote item in a listIdeas
    blue bullet used to denote item in a listProcesses and methods of operation
    blue bullet used to denote item in a listPrinciples and procedures
    blue bullet used to denote item in a listSystems
    blue bullet used to denote item in a listConcepts
    blue bullet used to denote item in a listDiscoveries
    blue bullet used to denote item in a listWorks in the public domain
    blue bullet used to denote item in a listWork for hire
    blue bullet used to denote item in a listTitles
    blue bullet used to denote item in a listNames
    blue bullet used to denote item in a listShort Phrases
    blue bullet used to denote item in a listURL’s
    blue bullet used to denote item in a listBlank forms that only collect information

What’s in the Public Domain?

    blue bullet used to denote item in a listgovernment documents
    blue bullet used to denote item in a listanything pre-dating 1923
    blue bullet used to denote item in a listworks with the author, creator, or owner’s printed permission for use included

How to Get Permission to Duplicate

The easiest way to obtain permission to use copyrighted material is through the Copyright Clearance Center. Visit this site to learn how to use their Academic Permissions Service. From their homepage, click on the “Online Permissions Services” link. Once you’ve looked through the FAQ, do a couple searches for discipline-specific material to get a feel for how the process works. [Other strategies for getting permissions have been compiled by the Writing Fellows Program.]

Recommendations

    blue bullet used to denote item in a listIf in doubt, get permission
    blue bullet used to denote item in a listStream media
    blue bullet used to denote item in a listBroadcast TV is safer than cable programming


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Return to
Copyright Homepage
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Return to
Classroom Use
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A Teach Act Rubric is available to help members of the faculty determine whether or not they need to get the copyright holder's permission to put something on-line for their students.


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Schoolcraft College Writing Fellows
18600 Haggerty
Livonia, MI 48152
734-462-4400 (ext. 5292)
fellows@schoolcraft.edu
Writing Fellows is one of the services provided by the Learning Assistance Center.
For more information about other services provided by the Learning Assistance Center, go to the LAC Home Page or call (734) 462-4436
This page was last updated on October 21, 2004.
Copyright © 2004 Schoolcraft College Writing Fellows Program