{Copyright Law

Fair Use and TEACH Act

Provides educators with a separate set of rules for content to be displayed in the classroom.

Not limited to any media text, video, etc..

Section 110(2)

Defines “fair use” as usage of a digital media in “reasonable and limited portion” for distance learning.

There is no limit on this media for in the classroom

Section 110 (2) Fair Use

Covers items in the public domain and those that are not.

Access must be restricted to appropriate audiences only ex: your students only not the entire campus or district

Fair Use

What is the character of the use?

Why are you using it?

Nonprofit and educational uses are covered

Four Factor Fair Use Test

Is the work in the public domain? Or not?

Anything published prior 1922 is now in the public domain and can be considered.

Four Factor Fair Use Test

How much of the work will you use?

A small amount such as a single chapter would be covered an entire movie or book for example would not be considered fair use to copy.

Four Factor Fair Use Test

If the way you plan to use the materials would have an effect on the original sale of the item or its value it is not covered.

Four Factor Fair Use Test

Enacted in 2002

Grants more rights to distance education

Only covers accredited nonprofit educational institutions

Largest impact is that portions of digital media to be shown are now limited to what could be shown in face to face displays

TEACH ACT

TEACH Act defines that educators must employ protections to prevent downloading and distribution of materials used in the classroom.

Trouble spot

North Carolina State http://www.ncsu.edu/

Assembled information and tools to assist

Their site features the ability for faculty to “lock down” all images they use.

Protection Source

Harper, G. (2007). Building on Other's Creative Expression:

The TEACH Act. Austin, TX: University of Texas Libraries. Retrieved from http://copyright.lib.utexas.edu/teachact.html

Reference