Distance Education Copyright Policy

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I. Purpose

The TEACH Act (Technology, Education and Copyright Harmonization Act of 2002) allows faculty members at accredited, nonprofit education institutions to use copyrighted works, without obtaining copyright permission, in their distance education courses if certain conditions are met.

II. Scope

The DSCC Distance Education policy applies to all faculty teaching distance education courses.

III. Policy

The TEACH Act (Technology, Education and Copyright Harmonization Act of 2002) allows faculty members at accredited, nonprofit education institutions to use copyrighted works, without obtaining copyright permission, in their distance education courses if certain conditions are met.

The DSCC Distance Education policy applies to all faculty teaching distance education courses.

According to the provisions of the TEACH act, DSCC allows the following copyrighted works to be used in distance education courses without obtaining copyright permission if the conditions listed below have been met:

  • Transmission of performances of entire non-dramatic literary or musical works;
  • Transmission of performances or "reasonable and limited portions" of other works, including dramatic works and audiovisual works, such as videotapes;
  • Transmission of still images, etc. "in an amount comparable to that which is typically displayed in the course of a live classroom session";
  • Digitization of portions of analog works if a digital version is not available or if the digital version which is available is technologically protected to prevent uses allowed by TEACH.

Conditions that must be met in order to use these copyrighted works are:

  • The educational institution must be nonprofit and accredited.
  • The performance, etc. transmitted must be an integral part of a class session, related directly to the content of the course.
  • The transmission of a performance, etc. must be at the direction of or supervised by the class instructor.
  • Transmission of the performance, etc. is limited to students officially enrolled in the course.

The following copyrighted works are not to be used in distance education courses unless copyright permission is obtained:

  • Transmission of works marketed or produced "primarily for performance or display as part of mediated instructional activities transmitted via digital networks";
  • Transmission of performances, etc. from copies "not lawfully made and acquired" under the U.S. Copyright Act.