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Copyright and Fair Use

An overview of copyright and Fair Use in education.

The TEACH Act

TEACH stands for the Technology, Education, and Copyright Harmonization Act (2002) and details the copyright responsibilities of academic instructors in distance learning. Visit the links to the Maricopa Legal Department Guidelines on the Teach Act for online classrooms, American Library Association, and copyright.gov for more information on TEACH.

 

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 MCCCD. 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. (Maricopa Legal Page Teach Act)

For MCCCD 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