The TEACH Act applies to secondary transmissions of a copyrighted work
within a teaching performance. For example, when a professor’s teaching
performance is being recorded and subsequently transmitted online, and if
that professor is also showing a movie during that performance, then the
TEACH Act applies.
A. General Principles of the TEACH Act
1. The TEACH Act (§110(2) of the Copyright Act) extends the face-to-face
teaching exemption to distance learning activities.
2. The TEACH Act allows faculty to use copyrighted materials during the
act of teaching when the teaching performance is then transmitted via the
Internet or video.
3. The TEACH Act only applies to works that an instructor would show or
play during class. Any uploading of material for study purposes must
otherwise comply with copyright laws, including fair use principles.
4. Provided that the requirements of the Act are followed, transmissions
(via Internet or video) of teaching performances using copyrighted
material may be made without obtaining permission from the copyright
B. Guidelines for Distance Education Courses Under the TEACH Act
1. The performance or display of copyrighted material must be:
a) A regular part of mediated instructional activity.
b) Made by, at the direction of, or under the supervision of the instructor.
c) Directly related and of material assistance to the content of the course.
2. The following technological restraints must be in effect:
a) The content must be accessible only to those students who are enrolled
in the course;
b) The content must be accessible only for the duration of a class session;
c) To the extent technologically possible, the content must be protected
from further distribution; and
d) To the extent technologically possible, the content must not be subject
to retention by students.
VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.