The Technology, Education, and Copyright Harmonization Act of 2002 (the “TEACH Act”) updated the Copyright Act to provide exceptions for performing and displaying copyrighted works in distance education courses.
The exceptions apply when a number of criteria are met, both by the institution offering the course and the instructor teaching the course.
First, the institution must meet the following criteria:
Second, various technological limitations must be in place:
Finally, the instructor is responsible for ensuring the use of the work meets the following conditions:
Fort Lewis College has prepared a checklist to assist faculty members in assessing whether the use of copyrighted work falls within the TEACH exception. If your proposed used does not fit with the TEACH Act exceptions, there still may be other means by which to use the material, such as being in the public domain, being available under license, or being available through fair use.
Download TEACH Act Checklist