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Copyright

This LibGuide provides basic information about U.S. Copyright Law (Title 17) and discusses exemptions to exclusive rights.

Teach (Technology, Education and Copyright Harmonization) Act (2002)

The Technology, Education and Copyright Harmonization ("TEACH") Act was signed into law in 2002, it is indeed the current Copyright law and not a seperate law. The act updated sections 17 U.S.C § 110(2) and 17 U.S.C § 112(f) of copyright law to facilitate the performance and display of copyrighted materials for distance education by accredited, non-profit educational institutions using digital delivery mechanisms, while introducing safeguards to minimize the additional risks to copyright owners that are inherent in exploiting works in a digital format.  The primary purpose of the TEACH Act was to balance the needs of distance learners and educators with the rights of copyright holders.
 
The new exemptions apply to the performance or display of materials (non-dramatic, literary or musical works or performance of other works including dramatic works in reasonable and limited portions) through organized, instructional activities, when the use is an integral part of the classroom experience. 
 
The limitations on exclusive rights can apply to any work, provided that only reasonable and limited portions are used, with the following exceptions:

    • Materials developed and marketed specifically for the distance education market.
    • Illegal copies
    • Materials traditionally purchased by the student, including textbooks, course packs, and workbooks.
    • The material must be used as part of regular classroom activities, analogous to the performance or display that would occur in a traditional classroom setting. 
    • The Instructor of the course must direct or supervise the use of the material.
    • Access to the material must be limited to “enrolled” participants in the course, for only the duration that is necessary, or for the duration of a “class session” which is established at the discretion of the instructor.
    • Allows students to access material from any location. 
    • Allows the digitization of analog works, provided that the work does not already exist in digital format.
    • The TEACH Act allows instructors to retain a digital copy of the embedded copyrighted materials, which can be used repeatedly and stored for transmission at a later time. 
    • LLCC must provide a general copyright notice or warning prior to the access copyright protected electronic materials.

As an accredited institution, LLCC has established and disseminated this policy to facilitate compliance and prevent copyright infringement.  LLCC takes appropriate and reasonable technological measures to prevent the unlawful access, retention, and distribution of copyright-protected materials.

Exceptions for Instructors eTool

Exceptions for Instructors eTool

The Exceptions for Instructors eTool guides users through the educational exceptions in U.S. copyright law, helping to explain and clarify rights and responsibilities for the performance and display of copyrighted content in traditional, distance and blended educational models.

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2008 Michael Brewer & ALA Office of Information Technology Policy

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