The Technology, Education and Copyright Harmonization (TEACH) Act is a 2002 revision to copyright law that allows inclusion of third-party copyrighted materials in online education that have been traditionally used for ”face-to-face” classes, as long as certain conditions are met. If adhered to, it can allow greater portions of copyrighted material to be used in online class sessions than is otherwise possible. The reason for applying the TEACH Act exemption, instead of Fair Use, is that, unlike Fair Use, it covers highly artistic works and unpublished works. Fair Use is limited in terms of amount used, and the centrality of the portion, whereas the TEACH Act is less restrictive. Content may be used repeatedly under the TEACH Act.
In keeping with current BC policy, where possible a digital license should be acquired. If only a very small clip or part of the film/audio work is required, that should be provided under current Fair Use rules for audiovisual content delivery. Otherwise, application of the TEACH Act should be considered.
This document serves to enumerate how Boston College Libraries and instructors can apply the TEACH Act measures in online courses.
This checklist of requirements must be met either by the course instructor, the Library, or by any provider of learning technology on campus (including CDIL, CTE, ITS, etc.) in order to be compliant with the requirements of the Act. The checklist, though based on the LSU Libraries TEACH Act Toolkit, is comprehensive for Boston College; all of the conditions must be met and are non-negotiable. This checklist is available in an editable Google Doc for checking each item (make a copy to edit it yourself).