The Technology, Education, And Copyright Harmonization Act established in 2002, was meant as a compromise between maximum protection and liberal rights of use. "It focuses on distance education, or the understanding of distance education as it was in 2002 and involves performances and displays of works in a manner similar to in-classroom education" (Crews, Copyright for Librarians and Educators, 83).
This is a law that is much bigger than just a single instructor or classroom but involves the entire institution as it requires the presence of institutional copyright policies, the distribution of copyright information to the educational community, as well as implementing technological controls to limit works used (Crews).
The TEACH act can only apply to a government agency or an accredited nonprofit educational institution
The various TEACH act policies can be grouped into three categories:
Institutional and Policy Requirements
An instructor seeking to use materials under the protection of TEACH must adhere to the following requirements (Crews):
What is the DMCA?
The Digital Millennium Copyright Act, enacted in 1998, is an amendment that attempts to update the Copyright Act so that it accounts for copyright in the digital age. The DMCA helps to protect the internet provider and hold the user liable for infringement when it occurs. As long as the internet provider follows the information below, it won't be liable for any infringement.
Some of the key elements of the DMCA:
Requirements for Protection:
According to the Harvard DMCA Overview (2016), to fall within the protection of the DMCA, an internet service provider must:
Online Service Provider Liability:
Libraries work within institutions, such as universities, that for the purposes of the DMCA are considered online service providers (OSPs).
Special Provisions for Educators:
According to Russell (88-89) Non-profit educational institutions that qualify as OSPs get additional protections. If a faculty member or student infringed, the OSP will not be held liable for that individual's actions if:
The purpose of this guide is to provide resources and information for resolving copyright questions. This research guide does not supply legal advice nor is it intended to replace the advice of legal counsel.