Fair Use and the TEACH Act

The understanding of Fair Use is important for educators because it may allow educators to use certain material without obtaining permission from the owner of that copyrighted material however it needs to be within reason and needs to meet certain criteria when used. Fair Use is not an exception but rather a defense in case a court appearance is necessary. Usage within reason should be limited to teaching, learning and researching purposes rather than monetary self gain or entertainment. This does not protect you but it may assist you in your defense. 

The Teach Act allows the educators to use copyrighted material in distance learning  and its primary purpose is to facilitate the performance and display of copyrighted material. However there are some requirements to fall under the Teach Act such as the institution must be accredited, be part of mediated instructional activities, limited to a specific number of students enrolled in a course, use in live sessions, no transmission of materials, use of only limited and reasonable portions, the institution must have established the copyright rules, and the institution must ensure the compliance of these policies.

Educators still need to be aware of what they are using, how it’s been used and when it’s been used.    


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