| The Technology, Education and Copyright Harmonization Act of 2002 (TEACH) outlines which uses of copyrighted materials in an educational setting are legally permissible, amending part of the 1976 U.S. Copyright Act so that it applies to distance education conducted virtually through online classrooms. It sets a standard for use of copyrighted materials in online, virtual classrooms that differs from use of such materials in a physical classroom. Under TEACH, teachers employed by an accredited, nonprofit educational institution are granted specific liberties, in addition to fair use, when using digital materials to teach in a virtual setting.
Requirements for Online Use of Copyrighted Materials for Distance Education
Teachers in a virtual classroom are held to certain requirements when using copyrighted information for instruction because of the nature of a virtual classroom as opposed to a physical classroom. The instructor is allowed to digitize materials that they would typically use during a class session in a physical classroom only if the materials are not already available in digital form. Materials that are typically expected to be purchased or supplied by students, such as textbooks or course packets, may not be legally digitized and used under TEACH. If the instructional materials are available in a digital format, "permission, clearance, purchase or licensing must be obtained" before the materials can be used in a digital classroom. The teacher must intend only for students enrolled in his or her online course to receive the materials and may not allow students access to the materials after the course has ended. The instructor is also required to make his or her students aware that the material is copyrighted and that they may not save, copy, revise, or distribute the material. Use of copyrighted information for educational purposes online must also only be confined to an instructor's pupils. To ensure this, a secure system, such as use of an Internet server which prompts visitors to supply a "login" identity and password, must be implemented.
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