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Copyright, Fair Use, and the TEACH Act

This research guide is designed to help faculty in the usage of copyrighted material in online instruction. Navigate the pages of this guide using the menu below. This guide is not a substitute for Legal Advice.

The TEACH Act

Section 110(2) (p.25) of US Copyright Laws in Title 17 constitute the amendments of the TEACH Act.

  • The TEACH Act allows for the transmission of copyrighted works over web-based platforms within nonprofit educational institutions or governmental bodies, without obtaining the copyright holders' permission.
  • It applies to the transmission of:
    • performances or displays of nondramatic literary, musical, or image-based copyrighted works.
    • reasonable portions of performances of any other copyrighted works that is comparable to a classroom environment.

The TEACH Act outlines these parameters:

  • The performance or display is made by, at the direction of, or under the supervision of the instructor.
  • Directly related and of material assistance to the content of the course.
  • The content must be accessible only to students who are enrolled in the course.
  • The content must be accessible only for the duration of a class session.
  • To the extent technologically possible, the content must be protected from further distribution.
  • To the extent technologically possible, the content must not be subject to retention by students (no downloading or stream capture).
  • All material displayed must contain notice such as the following:

The materials on this course website are only for the use of students enrolled in this course for purposes associated with this course and may not be retained or further disseminated. The materials on this course website may be protected by copyright; any further use of this material may be in violation of federal copyright law.

TEACH Act Resources