| |
A
recent amendment to the copyright law known as the TEACH Act broadens
the scope of materials that can be transmitted via digital networks for
distance education courses and courses with a digital component. However,
before the following displays and performances may be transmitted, instructors
must meet specific teaching
and technology requirements.
The following
displays and performances are allowed to be transmitted:
- Displays
- All types
of materials may be displayed but only in an amount comparable to
what is typically displayed in a live classroom setting.
- Performances
- Complete versions
of nondramatic literary or musical works may be performed.
- Only limited
and reasonable portions of any other work such as literary and musical
works, audiovisual works, and sound recordings may be performed.
The
following materials may not be transmitted under the distance education
exemption:
- Textbooks, course
packs or other material in any media, copies or phonorecords which are
typically purchased or acquired by students for their independent use
and research that would be used in one or more class session.
- Works that are
marketed primarily for use in a digital classroom.
If the use does not
qualify for the distance education exemption, then the fair
use analysis should be applied. Permission to use the work is required,
if none of the exemptions apply. |
