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05/16/2003 Archived Entry: "What's the TEACH Act?"

The Technology, Education and Copyright Harmonization (TEACH) Act is a 2002 change to U.S. law that modifies copyright governing the legal uses of existing copyrighted materials in distance education. Here is what it does, in part:

• Allows copying and storage of materials for digital transmission to students
• Allows digitization of analog works if they are used for a limited time and are not already available through other means
• Allows the display and performance of nearly all types of works
• Removes the previous restriction that content must be transmitted to a physical classroom. There is no restriction on recipients' location (in other words, it can be transmitted at a distance).
  
• Allows keeping content and student access active for the length of the class session
  

The main limitation is that these changes apply only to accredited non-profit institutions, and there is a list of rules those institutions must follow to be in compliance. In addition, it does not change the previous laws on fair use. The bill also states:

No such material stored on the system or network controlled or operated by the transmitting body or institution under this paragraph shall be maintained on such system or network in a manner ordinarily accessible to anyone other than anticipated recipients.

In other words, password protection is required.

The full text of the law is found at: http://www.copyright.gov/legislation/pl107-273.html#13301

The American Library Association has a good explanation of the bill and its implications.

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