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Copyright Basics

TEACH Act

The Technology, Education, and Copyright Harmonization Act (TEACH Act) says that teachers and students at accredited educational institutions can use works for distance learning without permission under certain circumstances.

Allowed

• Display (showing of a copy) of any work in an amount analogous to what is provided in a physical classroom setting

• Performance of nondramatic literary works

• Performance of nondramatic musical works

• Performance of "reasonable and limited" portions of other types of work (other than nondramatic literary or musical work), EXCEPT digital educational works

• Distance-education students may receive transmissions at any location

• Retention of content and distant student access for the length of a “class session”

• Copying and storage for a limited time or necessary for digital transmission to students

• Digitization of portions of analog works if no digital version is available or if digital version is not in an accessible form

Not Allowed

• Works that are marketed as part of online instructional activities (commercially available digital educational materials)

• Unlawful copies of copyrighted works under the U.S. copyright law, if the institution “knew or had reason to believe” that they were not lawfully made and acquired

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