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Copyright and Fair Use

information on copyright and fair use for faculty and students

TEACH

TEACH stands for the Technology, Education, and Copyright Harmonization Act (2002) and details the copyright responsibilities of academic instructors in distance learning. 

Exclusions from Coverage

Not everyone, and not every work, is covered under the TEACH Act. Section 110(2) only applies to accredited nonprofit educational institutions, such as the SJECCD. However, even for accredited nonprofit institutions, the rights granted under the TEACH Act do not extend to:

  1. the use of works primarily produced or marketed for in-class use in the digital distance education market, e.g., digital educational materials or works developed and marketed for use in a physical classroom;
  2. works that the instructor knows or has reason to believe were not lawfully made or acquired;

  3. textbooks, coursepacks and other materials typically purchased by students individually

Users Requirement Complies If:

1. Work is not a digital educational work  

2. Work is lawfully made and acquired

3. Work is integral to class session

4. Work is part of systematic mediated instructional activities  

5. Work is directly related/material assistance to teaching

6. Work is (check one):

  • Nondramatic literary work (may use all)  
  • Nondramatic musical work (may use all)  
  • Reasonable and limited portion of any other work (for a performance) or  
  • Display of any work in amount analogous to live classroom setting  

7. Reception limited to students enrolled in course  

8. Reasonable downstream controls instituted:

  • No retention of work longer than class session  
  • No dissemination beyond recipient

9. For conversions of analog to digital:

  • No digital version available to institution  
  • Digital version available is technologically protected  

10. Warning notice to students present on work

Copyright law treats digital and non-digital copyright-protected works in a similar manner. However, use of copyrighted content in online learning settings is treated differently. 

Before the passing of the TEACH act in 2002, copyright law did not allow the display and performance of copyrighted content in online environments. The TEACH Act enables performance or display of copyrighted works in distance online education settings by accredited, non-profit educational institutions that meet the Act’s requirements. For information about what the Teach Act allows and it’s requirements please read Copyright Basics: The TEACH Act. SMCCD is in the process of developing processes to satisfy TEACH Act requirements. Until those requirements are met, SMCCD faculty may not display or stream or transmit copyrighted works in online teaching environments.