On November 2nd, 2002, the Technology, Education and Copyright Harmonization Act (TEACH Act), part of the larger Justice Reauthorization legislation (H.R. 2215), was signed into law by President Bush. Long anticipated by educators and librarians, TEACH redefines the terms and conditions on which accredited, nonprofit educational institutions throughout the U.S. may use copyright protected materials in distance education-including on websites and by other digital means--without permission from the copyright owner and without payment of royalties. The TEACH Act expands the scope of educators' rights to perform and display works and to make the copies integral to such performances and displays for digital distance education, making the rights closer to those we have in face-to-face teaching.
In order for the use of copyrighted materials in distance education to qualify for the TEACH Act exemptions, the following criteria must be met:
Please note that the above information is for reference purposes only and should not be construed as legal advice. It is advisable to always conduct a Fair Use Analysis whenever there is a question regarding the lawful use of copyrighted material. If, after careful evaluation, it is determined that the use of particular material would violate copyright law, or if you need to purchase copyright permissions for such use, please contact Matthew Van Sleet at 781.891.2311 or firstname.lastname@example.org.