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TEACH Act

The Technology, Education and Copyright Harmonization Act of 2002 (part of Public Law 107-273), known as the TEACH Act, is a section of an Act of the United States Congress. The importance of the TEACH Act stems from the previous copyright laws that allow educators to copy documents or use copyrighted materials in a face-to-face classroom setting. Because of the growth of distance education that does not contain a face-to-face classroom setting revisions to these laws, particularly sections 110(2)[1] and 112(f)[2] of the U.S. Copyright Act, were needed.

Technology, Education, and Copyright Harmonization Act of 2002
Long titleAn act to amend chapter 1 of title 17, United States Code, relating to the exemption of certain performances or displays for educational uses from copyright infringement provisions, to provide that the making of copies or phonorecords of such performances or displays is not an infringement under certain circumstances, and for other purposes.
Acronyms (colloquial)TEACH Act
Enacted bythe 107th United States Congress
Citations
Public lawPub. L. 107–273 (text) (PDF) § 13301
Statutes at Large116 Stat. 1758 § 13301
Codification
Titles amendedTitle 17 of the United States Code
U.S.C. sections amended17 U.S.C. § 110, § 112
Legislative history
  • Introduced in the Senate as S.487 by Orrin Hatch (RUT) on March 7, 2001
  • Passed the Senate on June 7, 2001 (unanimous consent)
  • Passed the House as the 21st Century Department of Justice Appropriations Authorization Act, H.R.2215, § 13301 on July 23, 2001 (voice vote) with amendment
  • Senate agreed to House amendment on December 20, 2001 (unanimous consent) with further amendment
  • House agreed to Senate amendment on September 26, 2002 (400 - 4)
  • Signed into law by President George W. Bush on November 2, 2002

Signed into law by President George W. Bush on November 2, 2002 the TEACH Act clarifies what uses are permissible with regard to distance education. Furthermore, the TEACH Act outlines what requirements the information technology staff and students of a university must abide by in order to be in compliance with the TEACH Act.

While in some cases Fair Use Doctrine covers compliance to copyright law, the TEACH Act clarifies what compliance measures must be implemented with regard to distance education. This Act permits teachers and students of accredited, nonprofit educational institutions to transmit performances and displays of copyrighted works as part of a course if certain conditions are met. If these conditions are not or cannot be met, in order to be lawful, a use would arguably have to qualify under another exception, such as fair use or the de minimis rule, or be permitted by the copyright holder.

Requirements

  1. The benefits of the TEACH Act apply only to a "government body or accredited nonprofit educational institution."[1]
  2. The educational institution must "institute policies regarding copyright."[3]
  3. The institution must "provide informational materials" regarding copyright. These materials must "accurately describe, and promote compliance with, the laws of United States relating to copyright."[3]
  4. In addition to the general distribution of informational materials, the institution must provide "notice to students that materials used in connection with the course may be subject to copyright protection."[3]
  5. The transmission of content must be made "solely for . . . students officially enrolled in the course for which the transmission is made."[4][5]

Benefits

Before the TEACH Act was signed into law educators and students were at a disadvantage with respect to the materials they were allowed to use and the way in which these documents were presented through the online learning environment. The TEACH Act made copyright laws regarding distance learning closer to the laws provided for face-to-face classrooms though there are still important differences (especially regarding full-length audiovisual works, such as movies and documentaries). Some of these benefits include:

  • Instructors may use a wider range of works in distance learning environments.
  • Students may participate in distance learning sessions from virtually any location
  • Participants enjoy greater latitude when it comes to storing, copying and digitizing materials.[6]

External links

  • The TEACH Act and some Frequently Asked Questions (from ALA)
  • The TEACH Act Toolkit

References

  1. ^ a b 17 U.S.C. § 110(2).
  2. ^ 17 U.S.C. § 112(f).
  3. ^ a b c 17 U.S.C. § 110(2)(D)(i).
  4. ^ 17 U.S.C. § 110(2)(C)(i).
  5. ^ http://www.ala.org/washoff/teach.html. from the original on 2007-04-04. Retrieved 2008-09-08. {{cite web}}: Missing or empty |title= (help)
  6. ^ "Copyright Clearance Center" (PDF). (PDF) from the original on 2007-10-16. Retrieved 2009-04-08.

teach, technology, education, copyright, harmonization, 2002, part, public, known, section, united, states, congress, importance, stems, from, previous, copyright, laws, that, allow, educators, copy, documents, copyrighted, materials, face, face, classroom, se. The Technology Education and Copyright Harmonization Act of 2002 part of Public Law 107 273 known as the TEACH Act is a section of an Act of the United States Congress The importance of the TEACH Act stems from the previous copyright laws that allow educators to copy documents or use copyrighted materials in a face to face classroom setting Because of the growth of distance education that does not contain a face to face classroom setting revisions to these laws particularly sections 110 2 1 and 112 f 2 of the U S Copyright Act were needed Technology Education and Copyright Harmonization Act of 2002Long titleAn act to amend chapter 1 of title 17 United States Code relating to the exemption of certain performances or displays for educational uses from copyright infringement provisions to provide that the making of copies or phonorecords of such performances or displays is not an infringement under certain circumstances and for other purposes Acronyms colloquial TEACH ActEnacted bythe 107th United States CongressCitationsPublic lawPub L 107 273 text PDF 13301Statutes at Large116 Stat 1758 13301CodificationTitles amendedTitle 17 of the United States CodeU S C sections amended17 U S C 110 112Legislative historyIntroduced in the Senate as S 487 by Orrin Hatch R UT on March 7 2001Passed the Senate on June 7 2001 unanimous consent Passed the House as the 21st Century Department of Justice Appropriations Authorization Act H R 2215 13301 on July 23 2001 voice vote with amendmentSenate agreed to House amendment on December 20 2001 unanimous consent with further amendmentHouse agreed to Senate amendment on September 26 2002 400 4 Signed into law by President George W Bush on November 2 2002Signed into law by President George W Bush on November 2 2002 the TEACH Act clarifies what uses are permissible with regard to distance education Furthermore the TEACH Act outlines what requirements the information technology staff and students of a university must abide by in order to be in compliance with the TEACH Act While in some cases Fair Use Doctrine covers compliance to copyright law the TEACH Act clarifies what compliance measures must be implemented with regard to distance education This Act permits teachers and students of accredited nonprofit educational institutions to transmit performances and displays of copyrighted works as part of a course if certain conditions are met If these conditions are not or cannot be met in order to be lawful a use would arguably have to qualify under another exception such as fair use or the de minimis rule or be permitted by the copyright holder Contents 1 Requirements 2 Benefits 3 External links 4 ReferencesRequirements EditThe benefits of the TEACH Act apply only to a government body or accredited nonprofit educational institution 1 The educational institution must institute policies regarding copyright 3 The institution must provide informational materials regarding copyright These materials must accurately describe and promote compliance with the laws of United States relating to copyright 3 In addition to the general distribution of informational materials the institution must provide notice to students that materials used in connection with the course may be subject to copyright protection 3 The transmission of content must be made solely for students officially enrolled in the course for which the transmission is made 4 5 Benefits EditBefore the TEACH Act was signed into law educators and students were at a disadvantage with respect to the materials they were allowed to use and the way in which these documents were presented through the online learning environment The TEACH Act made copyright laws regarding distance learning closer to the laws provided for face to face classrooms though there are still important differences especially regarding full length audiovisual works such as movies and documentaries Some of these benefits include Instructors may use a wider range of works in distance learning environments Students may participate in distance learning sessions from virtually any location Participants enjoy greater latitude when it comes to storing copying and digitizing materials 6 External links EditThe TEACH Act and some Frequently Asked Questions from ALA The TEACH Act ToolkitReferences Edit a b 17 U S C 110 2 17 U S C 112 f a b c 17 U S C 110 2 D i 17 U S C 110 2 C i http www ala org washoff teach html Archived from the original on 2007 04 04 Retrieved 2008 09 08 a href Template Cite web html title Template Cite web cite web a Missing or empty title help Copyright Clearance Center PDF Archived PDF from the original on 2007 10 16 Retrieved 2009 04 08 Retrieved from https en wikipedia org w index php title TEACH Act amp oldid 1093912317, wikipedia, wiki, book, books, library,

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