On November 2, 2002, the "Technology, Education and Copyright Harmonization Act" (TEACH Act), was signed into law by President Bush. This Act revised the law governing the conditions under which accredited, nonprofit educational institutions in the U.S. may use copyrighted materials without permission from the copyright owner and without payment of royalties (TEACH Act Best Practices, 2012).
The law allows more opportunities for educational institutions to use copyrighted materials in teaching and learning. The TEACH Act can be particularly useful in online learning, and provides access to some materials for students which previously, due to copyright, could not be shared online. In-person instruction has also received the ability to use a wider range of materials during instruction.
In summary, if instructors and/or institutions wish to take advantage of the opportunities provided by the TEACH Act for using copyrighted materials, they must reasonably:
(TEACH Act Best Practices, 2012)
©1996-2019, American Library Association Admin. (2012, January 10). TEACH Act Best Practices using Blackboard™. Retrieved June 18, 2019, from https://web.archive.org/web/20180713061234/http://www.ala.org/advocacy/copyright/teachact/teachactbest
Teach Act exemptions do not apply to:
It is also important to note that the TEACH Act does not supersede fair use. Library digital license agreements remain in effect.
Ultimately, it is up to each academic institution to decide whether to take advantage of the new copyright exemptions under the TEACH Act. This decision should consider both the extent of the institution’s distance education programs and its ability to meet the education, compliance and technological requirements of the TEACH Act.