The Technology Education and Copyright Harmonization Act is an expansion of the Copyright Law that provides allowances for distance education programs. Its impacts include:
Specific requirements must be met for instructors to rely on the TEACH Act for posting materials in their online distance education courses, such as:
As well, the TEACH Act and its support of online distance learning emphasizes the instructor's responsibility for knowing what can and cannot be posted for their students. When they are using materials in accordance with the TEACH Act, they must keep in mind that they, as instructors, ultimately supervise the use of copyright works, and that the works they are using digitally are serving educational purposes and not entertainment and/or commercial purposes.
Certain works are excluded under the TEACH Act and cannot be reproduced digitally:
Fair use and the TEACH Act are both exceptions/limitations to Copyright Law. This means that they allow limited re-use of copyrighted works without having to request or receive permissions. While the TEACH Act was created to alleviate some of the unique burdens that students and teachers face in online distance education, instructors have options for posting materials for their online teaching activities:
These options are all available for instructors since they are not limited to relying on only one exception for their instructional materials.
According to the TEACH Act, if the institution has a direct link to a source that the course is using, then instructors are required to use the direct link to the source rather than uploading the material to the internet. Due to the licensing agreements between databases and libraries, there are regulations as to how institutions may use the articles for which they have temporary permissions. By linking directly from the database, the instructor and the institution eliminate the risk of not complying with the Copyright Law.
For assistance in creating a permalink Ask-a-Librarian.
If a licensing agreement does not exist for an article, the following justifications allow PDFs to be uploaded in lieu of a direct link: