Scholarly Communication:
TEACH Act

In 2002, when it became obvious that digital formats are wide spreading, a new amendment was introduced to the copyright law, to respond to potential copyright infringements while using digital materials to educate students, either face-to-face or over the Internet. The Technology Education and Copyright Harmonization Act (TEACH) exempts educators in accredited non-profit educational institutions from asking permission when displaying copyrighted materials in digital format, subject to a number of conditions.

These conditions pertain to the educational institution and the teaching process. Teaching should follow the rules of "mediated instructional activities" (NOT course reserve).It means that the transmitted materials should be integral to the course taught, and they should be displayed the way they would have been displayed or performed in a physical classroom. It also means that the instructor should control or supervise the actual teaching. Materials that can be used under the TEACH Act include all works that would typically be taught in a physical classroom, such as non-dramatic literary works (including articles and book chapters) and audiovisual works (including videos), but only limited portions of dramatic literary works (plays, operas). However, you can not use works that are solely produced for distance education, or required readings, such as textbooks, course packs and consumable workbooks.

Unlike employing the Fair Use Doctrine, the educational institution has to comply with certain technical requirements when using the TEACH Act. It has to limit access to the transmitted materials so that only registered students have access. At the same time the institution should prevent unauthorized copying of these materials, and refrain from interfering with technological barriers used by the copyright owner. Materials should be saved electronically only as long as they are used in the digital class