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Copyright and Fair Use: Distance Education

The purpose of this guide is to provide faculty, staff, and students at Helena College with an understanding of copyright law and fair use.

A Brief Guide to Teach

A Brief Guide to TEACH
Although copyright law generally treats digital and non-digital copyright-protected works in a similar manner, special digital uses, such as online distance learning and course management systems, require special attention. Some of the special copyright requirements of online distance learning are specifically addressed by the TEACH Act.

The TEACH Act facilitates and enables the performance and display of copyrighted materials for distance education by accredited, non-profit educational institutions (and some government entities) that meet the Act's qualifying requirements. Its primary purpose is to balance the needs of distance learners and educators with the rights of copyright holders. TEACH applies to distance education that includes the participation of any enrolled student, on or off campus.

Definition above is from the Copyright Clearance Center.

Fair Use Scenarios

Distance Education scenarios for determining when fair use applies.

The TEACH Act

The TEACH Act (Technology, Education and Copyright Harmonization Act) is one option that offers exceptions to the copyright law for distance educators when requirements are met. Fair use, permission and other legal exceptions to copyright law may apply in distance education as well. (for copyright law referred to as The TEACH Act, see Title 17, section 110(2) as well as referrals to 110(2) in section 112(f)).


Video: Mark Davis lectures on the Teach Act and Fair Use

"In this segment from www.artistshousemusic.org - this segment of his lecture at a music educators conference at Loyola University New Orleans, entertainment attorney and educator Mark Davis outlines the four things a judge looks for when determining whether fair use applies in a copyright infringement case, and explains how educators can look to the Teach Act for fair use guidelines." - YouTube description.