The TEACH Act of 2002 (Technology, Education, and Copyright Harmonization) provides guidelines for incorporating copyrighted material into distance education by amending the allowances and limitations of U.S. Copyright Law.
The TEACH Act applies only to accredited, non-profit educational institutions such as Piedmont Technical College and requires the cooperation of the college's administration, technical staff and faculty as described below:
College Administration Requirements
The following administrative/institutional measures are required for Piedmont Tech's TEACH Act compliance:
- Piedmont Technical College is an accredited, non-profit educational institution.
- Piedmont Technical College has instituted policies regarding copyright.
- Piedmont Technical College has provided materials to faculty, students, and relevant staff members that describe and promote United States Copyright Laws.
- Piedmont Technical College has provided notice to students that materials used in connection with courses may be subject to copyright protection.
- Transmission of course content is made solely for students officially enrolled in the course for which the transmission is made.
Technical Staff Requirements
The following technological measures are required for Piedmont Tech's TEACH Act compliance:
- The Instructional Support & Technology (IST) Division has taken technological actions to restrict student access to copyrighted materials for longer than the defined class session.
- The IST Division has taken technological actions to deter unauthorized dissemination of copyrighted materials by students to others.
- Piedmont Tech does not interfere with technological measures taken by copyright owners to prevent retention or unauthorized sharing of their works.
- The IST Division houses copyrighted works on a computer system or network in such a way that it is not ordinarily accessible to unauthorized users.
- The IST Division will only maintain the copy of the copyrighted work for a period of time that is reasonably necessary to facilitate the transmissions for which it was made.
- Copies made for the sake of transmission are retained and used solely by Piedmont Technical College.
The following instructional measures are required for Piedmont Tech's TEACH Act compliance:
- The copyrighted work that is being performed/displayed is an integral part of my class and would be used in the same way in a traditional, non-online classroom.
- Do not use works sold commercially for distance education purposes (ex. coursepacks) or works that that would students would normally be expected to use individually and on their own time for studying (ex. textbooks).
- Do not use pirated works or any other works which are known to be unlawfully made.
- Limit work to a length or amount which would reasonably be used in a real-time, traditional class session. Consider how much of a work you would share in a traditional classroom setting and offer no more than that amount.
- A performance, display, or work must be part of the "mediated instructional activities" (MIA) specified in U.S.C. 17 Section 110(2). In other words, the instructor must make the copyrighted material an integral part of a lecture or other actual class assignment; the work cannot be supplemental or optional in nature.
- Electronic access to works must be limited only to those students actually enrolled in the course and should only be available during the course session. The college should provide technological tools which prevent students from copying works and should also limit student access to the works beyond the course session.
- Students must be given notice that some course materials are protected by copyright.
- Copies may be made of digital works or analog works may be digitized only if:
- They are used solely by the institution that made them, and no further copies or phonorecords are produced from them, except as authorized under Section 110(2).
- The digital version of the work is available to the institution is subject to technological protection measures that prevent its use for Section 110(2).