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Technology, Education, and Copyright Harmonization, (TEACH) Act
•Copyright law generally treats digital and non-digital content similarly
•Materials that require permissions for use in face-to-face classes still require permission in course management system
•This does not supersede fair use or existing digital license agreements, but it does allow for a greater variety and degree of reproduction
•Specifically forbidden is the transmission of textbook materials “typically purchased or acquired by a student”
•As with classroom use, portions must be “reasonable and limited” and such as might be performed or displayed during a typical class
image by Patrik Goethe- stock photo
TEACH vs Fair Use
Teach gives more latitude to what instructors can use; but also requires you to do more work to obtain permission.
Fair Use doesn’t require as much from the instructor, but also leaves you more vulnerable to lawsuits (See Cambridge U Press v Becker)
•The performance or display is directly related and integral to the class content, not ancillary like Reserves
•The "transmission is made solely for and limited to students officially enrolled in the course."
•Materials that are used for performance or display must be lawfully made and acquired.
•Instructor must use reasonable controls to prevent copying and retention of the work, those that would "discourage most users." (streaming is suggested for video; thumbnails, watermarks and disabling right click copy function can be used to protect images.)
•Work must carry a warning notice to students
via University of Missouri-Kansas City Library