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Copyright Exceptions

Virtual Instruction

Virtual instruction is when a course is taught either solely online or when components of face-to-face instruction are taught online such as with Blackboard and other course management systems. Virtual instruction includes digitally transmitting class materials to students. This transmission is authorized under the TEACH (Technology Education and Copyright Harmonization) Act which is a part of the copyright law. The basic premise behind TEACH is to allow comparable instruction in the online environment as to what takes place in a traditional classroom or face-to-face instruction. One of the major requirements of the law is that materials can only be digitally transmitted to students officially registered in the course. There are other requirements for teaching, technology, and course materials that instructors must meet as well before using the TEACH exception.

TEACH requirements for:

 

 

 

 

 

 

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TEACH Requirements for...

Instructors

  1. The performance or display of materials is an integral part of the class session.
  2. The performance or display of materials is directly related to the teaching content.
  3. The performance or display of materials is comparable to what takes place in a live classroom setting.
  4. The performance or display is made by, at the direction of, or under the actual supervision of the instructor.
  5. The class is offered as a regular part of Purdue University’s curriculum.


Instructors must meet all of the above teaching requirements to qualify for the TEACH exception. If all the requirements are not met, then apply the fair use exception.

 

 

 

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TEACH Requirements for...

Technology

Many course management systems include most of the technological protections that are necessary to comply with the TEACH Act.  However, it is the instructor's responsibility to ensure that the following requirements are met:

  1. Only the students officially enrolled in the class may have access to the materials.
  2. The materials are available to the students only for the duration of the class session.
  3. To the extent technologically possible, technological protections have been implemented to prevent students from retaining and further distributing the course materials.


Instructors must meet all of the above technology requirements to qualify for the TEACH exception. If all the requirements are not met, then apply the fair use exception.

 

 

 

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TEACH Requirements for...

Course Materials

The following materials may be transmitted under the TEACH exception:

  1. Entire performances of nondramatic literary and musical works.
  2. Performances of limited and reasonable portions of dramatic literary and musical works, audiovisual works, and sound recordings.
  3. Displays of works but only in an amount comparable to what would be displayed in a live classroom setting.
    Example: Images such as photographs and slides
  4. Materials that can be considered supplementary and would not be used in a live classroom setting.
    Example: Recommended readings.

The following materials may not be transmitted under the TEACH exception:

  1. Materials that are specifically marketed for educational use.
    Examples: Textbooks
  2. Materials that are typically purchased by students for their research and classroom use.
    Examples: Textbooks, coursepacks
  3. Illegal copies of materials.

Other Requirements for Materials

  1. The materials must contain a notice stating that they may be subject to copyright protection.
  2. If there is no digital version available, then an analog version can be converted to digital but only in the amount that is needed.

If the instructor's use of course materials exceeds the above requirements, then the fair use exception should be applied.

 

 

 

 

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The mission of the University Copyright Office is to educate the Purdue University community on copyright.
The information contained on the UCO site should not be considered legal advice.
Individuals should consult their own attorneys.

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