Copyright and Fair Use

Copyright is a complex issue in within distance education. The Technology, Education and Copyright Harmonization Act (2002), also known as the TEACH Act outlines rules about the use of text and media in distance education. This amends the Copyright Act. As an ID or educator, it is important to know the details of this act and how it applies to text, images, sounds, and other works. 

According to the TEACH Act, educators, distance educators,  at accredited, nonprofit educational institutions can transmit certain copywrited works if certain conditions are analogous to traditional settings- Fair use. Note, however, if fair use conditions are not met, then permission from a copy write holder must be sought.  

4 factors must be present for "fair use":  

  • The purpose and character of the use (most importantly whether it is for commercial gain or for nonprofit educational purposes)
  • The nature of the copyrighted work (how creative or non-creative is the work)
  • The amount and substantiality of the portion used in relation to the work as a whole
  • The effect of the use upon the potential market for or value of the copyrighted work

In a distance education environment, there are different methods for providing protected materials to learners. A library's electronic reserve is one way. This is usually limited to one article or 10% of a text. When material is needed for more than one academic semester or multiple articles from the same journal or multiple chapters are needed then permission is needed. Durable links to material is another way to provide information to students.

Many constructs in the TEACH Act are directed toward the behavior of the institution; thus, institutions are responsible to develop policies, access restrictions etc.  If you ever have the opportunity to be a tech director for a school system or an Dean of Distance Education, you will need to be very familiar with this act.

©2010 By Michael and Amanda Szapkiw.