In the Online Class

The purpose of the guidelines below is to define standards for educational fair use when using copyrighted materials in the online classroom. The law that governs the use of copyrighted materials in the online classroom is called the Technology, Education, and Copyright Harmonization Act, or TEACH Act. Signed into law in 2002, the TEACH Act was created in response to the rise in online instruction at institutions of higher education. While the law is designed to allow an instructor to display a work in an amount comparable to that amount that is typical in the face-to-face classroom, there are specific measures that apply to the online classroom.

Below is a summary of the key points of the TEACH Act that apply to classroom instruction. If you need a more detailed discussion of this legislation, click here.

  • The materials displayed are intended for the use of the students in that particular class as part of a mediated instructional activity
  • Only students in the class may have access to the materials
  • Materials may not be accessible to students beyond the end of the class term
  • A faculty member may retain a copy of an item if it will be used in subsequent semesters, but that copy must be stored on a secure server and made available only in consideration of the other requirements of the Act
  • Technology must be used that reasonably limits the students’ ability to further distribute the materials or retain them beyond the end of the semester
  • No copies may be made by an instructor beyond the copy used to make the content available to the students
  • The TEACH Act allows the display of:
    • Non-dramatic literary and musical works in their entirety
    • Reasonable and limited portions of dramatic literary, musical, or audiovisual works
    • Displays of other works, such as images, in amounts typically used in the face-to-face classroom
  • The TEACH Act does not allow the display of:
    • Materials specifically marketed for classroom use for digital distance education
    • Illegally made or obtained copies of material
    • Textbooks, coursepacks, electronic reserves, or other materials typically used in the face-to-face classroom
  • Analog (i.e. non-digital) material may be digitized a) only in an amount permitted under fair use limitations and b) only if there is no digital copy of the work available or if the digital copy has technological protections that prevent it from being used as authorized under this Act
  • The materials transmitted in the online classroom may not replace a textbook, coursepack, or electronic reserves
  • The TEACH Act does not permit the digital transmission of entire works (such as a journal article or book chapter). This type of dissemination is best handled by placing the material on electronic reserve. For information on e-reserves, click here

Be aware that, in some instances, the doctrine of fair use may allow you to use material beyond the limitations set by the TEACH Act.

Please remember that the guidelines above only define the limits of fair use. If you wish to use material beyond the scope mentioned above you may do so, but you will first need to obtain permission from the copyright holder. If you have questions about obtaining permission, contact the Course Reserves and Copyright Services office.