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LOGAN UNIVERSITY Library Research Guides
Section 110(2), U.S. Copyright Act.
In 2002, Congress passed the Technology, Education and Copyright Harmonization Act,” commonly known as the “TEACH Act." This was to permit limited uses of copyrighted materials in distance education or any other “transmission” of the copyrighted content to students. This provision is in Section 110(2) of the U.S. Copyright Act. The law will allow many uses of materials, but only with certain restrictions.
The biggest thing to keep in mind when using materials under the TEACH Act is that the "transmission" of the materials must be limited to students enrolled in the class.
The law allows specifically for the following copyrighted works to be used by instructors:
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.”
It also specially set down works that are not permitted;
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.
When using a copyrighted item an instructor must follow certain requirements;
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.”
TEACH Act Checklist
Convenient checklist developed by the University of Texas Libraries to help determine if you are following TEACH act guidelines
Authors may not realize when they sign a contract with a publisher that they are assigning their copyright to the publisher. Retaining your rights as an author is important to ensure that you can you your writings in your teaching. Attaching an author addendum will help ensure you retain your rights.
The Scholarly Publishing and Academic Resources Coalition (SPARC) works to enable open sharing or research outputs and educational materials. The following SPARC resources will help authors retain their rights on published material:
Instructors must consider copyright compliance when making electronic materials available to students in a course management system, such as Canvas. Instructional materials may be posted to Canvas under the following circumstances:
The faculty member is the copyright owner of the material,
A link is provided to the material rather than posting a copy,
The faculty member has obtained permission from the copyright owner,
The material has been designated
open access, The material is in the
public domain, The use of the material is considered
fair use under copyright law.
Visiting the following pages for more information:
Source for Electronic Resources information:
Copyright on Campus
Copyright on Campus
A fun and informative overview of copyright at college from the Copyright Clearance Center: