The TEACH Act provides a legal means for an instructor to perform or display copyrighted material delivered by digital transmission in an on-campus or distance education setting, but only under certain conditions.
These conditions are as follows:
This performance is copyrighted material and is being displayed under the TEACH Act. Viewing is restricted to students enrolled in this course. The material is not be retained or further distributed.
The materials on this course site are only for the use of students enrolled in this course and should not be retained or further distributed.
The TEACH Act also allows one to convert portions of analog works that have been authorized for performance or display (i.e. in keeping with the restrictions noted above) into digital formats when no digital version of the work is available to the institution for purchase or when the available digital version cannot be used because of technological protections.
The TEACH Act does not allow for the unauthorized (e.g. without proper licensing or permission from the copyright holder) digital transmission of works that are specifically produced or marketed for educational use (e.g. textbooks, course packs, or other material in formats which are intended by the publisher to be purchased or acquired by the students). Neither does it allow for the transmission of copies of works that are not lawfully acquired or made.
If the TEACH Act does not appear to reasonably meet your instructional needs, consider evaluating your instructional use of copyrighted material under Fair Use.
* Unless otherwise specified, the following text is a brief summary of the TEACH Act of 2001. The full text of the act can be found at https://www.congress.gov/bill/107th-congress/senate-bill/487?q=S.+487+%28107%29.
1Gretchen McCord, J.D., M.S.I.S. Applying Copyright in Online Learning Environments. Webinar. American Library Association. March 9, 2016.