The TEACH Act of 2001: An Overview
The TEACH (Technology, Education And Copyright Harmonization Act) has made possible a fair balance between copyright holders and the field of education (educators, students and institutions).
This act was created to amend the Copyright Act of 1976, which provided some exemptions of copyright usage, but was found to be too strict with the expanding of distance education.
Five basic changes enacted by the TEACH Act, according to The Educause Review, are:
It expands the categories of works that can be performed in distance education beyond nondramatic literary and musical works to reasonable and limited portions of other works, with the exception of works produced primarily for the education market.
It removes the concept of the physical classroom and recognizes that a student should be able to access the digital content of a course wherever he or she has access to a computer.
It allows storage of copyrighted materials on a server to permit asynchronous performances and displays.
It permits institutions to digitize works to use in distance education when digital versions do not already exist and when the digital work is not subject to technological protection measures that prevent its use.
It clarifies that participants in authorized distance education courses and programs are not liable for infringement for any transient or temporary reproductions that occur through the automatic technical process of digital transmission."
[Gasaway, Laura. "Balancing Copyright Concerns: The TEACH Act of 2001." Educause Review Nov/Dec 2001: pp. 82-83. (C) 2001 EDUCAUSE, (C) permission of EDUCAUSE.]
For more information on the TEACH Act of 2001.
Instructors may make material available on the College server. This material may not be saved on a student's computer (or portable disk). Material may be viewed only by "officially-enrolled" students. Students cannot promote further dissemination of material to third parties.
Steven W. Gilbert, Director Technology Projects, American Association for Higher Education (AAHE) states that when using someone else's ideas, "acknowledge the source," (Gilbert, Steven. "Intellectual Property Protection Online: An Oxymoron?" Syllabus Magazine August 2001: pp 19-21.)
Be wary of material that you find on the Internet. Just because one cites a reference for the material does not mean that the site had permission to use that material in the first place. You can be held liable for copyright infringement even if you take precautions and don't believe you are doing anything illegal.
Material posted to the Web anonymously is protected by the United States Copyright Act, and cannot be utilized without a correct citation of reference.
Although many sources encourage the use of their material (with permission and correct reference citation, of course) some resources may not approve use of their material, even if you ask their permission. Respect their decision and attempt to find material elsewhere.
The hidden "gotcha"... Watermarking
Digital watermarks are placed on Web files to discourage theft from the Internet. Often, they are undetectable, and contain information about the file's original source. To "Copy-and-paste" text or images will carry the watermark to the new file.
American Library Association - the TEACH Act and Distance Education
Information about how the TEACH Act affects distance education.
Digital Media Association
Home page contains links to articles, court cases and studies of primarily online audio and video media.
Turn It In . Com
The site used by many professors and instructors. Used to determine if a writer (student, or otherwise) is in copyright violation or plagiarism. using text comparison techniques.
Copyright Education Web Site @ UC
Includes system-wide policies and resources, and information on copyrighted works. This is the resources page for University of California campuses, but the information is valuable to all.
Links valid as of 9/24/18