You have a copy of the TEACH Act text in the handouts for this segment.
And, as I said, it's relatively complex and long.
If you want to print that out and look at it, that's fine.
But we're going to go through it section by section,
and talk about how you make the TEACH Act work.
The fundamental concept in section 110.2,
is that it's not an infringement of copyright to make a public performance or
display online to a closed group of registered students.
If you follow all of the provisions in section 110.2 in our framework for
analyzing a copyright problem, this exception is one of those except,
specific exceptions and falls under section two.
So, we're asking,
is there a specific exception that allows us to do what we want to do.
In this case, sometimes that will be the TEACH Act.
Right, Lisa?
>> Sometimes it will be the TEACH Act.
But there is a lot, as you said, Kevin, to make the TEACH Act apply and
to really follow the TEACH Act.
So, let's walk through the TEACH Act.
The TEACH Act excludes the performance and display of works produced or
marketed primarily for performance and display as part of mediated
instructional activities transmitted via, di, digital networks.
So essentially it's telling us that analog in most digital works are okay.
But not off the shelf online courses that were intended
specifically to meet the online course marketplace.
It also excludes a performance or display that is given by means of a copy
that is not lawfully made and acquired if the transmitting institution knew or
had reason to believe it was not lawfully made and acquired.
So this is very similar to the classroom performances in section
110.1 that we covered previously.
Also like classroom performances,
the TEACH Act permits the performance of nondramatic literary and musical works.
Performance of any other work is also permitted but only in reasonable and
limited portions comparable to what is
typically displayed in a live classroom setting.
So there are questions that arise.
Does this intend to mean no entire films?
It does not include outside readings, like course reserves or course packs.
Performance or display must be made by at the direction of, or
under the actual supervision of an instructor, and performance or
display is directly related to, and of material assistance,
to the teaching content of the transmission.
So, this specifically says no supplemental materials such as
things that would be in reserve readings are included in the TEACH Act.
Transmission is made solely for, and to the extent, technologically feasible,
the reception is limited to students officially enrolled in the course.
So this gets back to what Kevin was talking about previously,
where the teach act is really very limited in its scope and
it is really intended only for that instruction that is happening for
students officially enrolled in the course.
But we're not done, are we Kevin?
>> No, we're not.
You've covered the portions of the provisions of the tjack
that are requirements that have to be met for a specific class.
But there are additional provisions which the institution must comply with.
The transmitting body or institution must have policies regarding copyright.
They must provide informational materials to faculty, students, and relevant staff
members that accurately describe, and promote compliance with copyright law.
This can be done in a variety of ways.
Sometimes those materials are online and
they're part of the system in which the students are getting the course material.
Sometimes they're provided separately, but
institutions have to take steps to comply with this provision.
Also, there must be notice to the students that materials used in connection
with the course may be subject to copyright protection.
This is something that almost always has to be inside the course, itself.
And this is similar to the copyright notice that is required for copies that
are made through inter-library loan that librarians are very familiar with.