Copyright and Fair Use

This Guide has been created to help students and faculty find information about Copyright and Fair Use in an academic setting. This guide does not constitute legal advice.
  • URL: https://libguides.enc.edu/copyright
  • What is it?

    The Technology, Education and Copyright Harmonization Act of 2002 (part of Public Law 107-273), also known as the TEACH Act, is a section of an act of Congress dealing with how educators interact with copyright law. These protections cover accredited, non-profit, educational institutions or governmental bodies. Previous copyright laws dealt heavily with educator's rights to share materials in a face-to-face classroom setting, but the TEACH Act outlines what circumstances need to be met to allow individuals to obtain materials digitally. The below table has been modified from ALA documentation and discusses the technological requirements for TEACH. 

    Section 110(c)  Section 110(d)(ii)
    The transmission of material is made solely for (and, to the extent technologically feasible, the reception of such transmission is limited to): ·students officially enrolled in the course for which the transmission is made; or ·officers or employees of governmental bodies as a part of their official duties or employment  The transmitting body or institution, in the case of digital transmissions, ·applies technological measures that reasonably prevent: ·retention of the work in accessible form by recipients of the transmission from the transmitting body or institution for longer than the class session and ·unauthorized further dissemination of the work in accessible form by such recipients to others, and ·does not engage in conduct that could reasonably be expected to interfere with technological measures used by copyright owners to prevent such retention or unauthorized further dissemination

     

    Other Provisions

    • The instructor is the one who decides to use the work; and
    • A lawfully acquired copy of the work is used; and
    • The work is relevant to the course; and
    • Access is limited to students enrolled in the course; and
    • Authorized users do not distribute the work to others; and
    • The work is taken down at the end of the semester; and
    • No one interferes with technological measures used by copyright owners of the work to prevent such retention or unauthorized further dissemination.

    The Who the What and the When

    Information from the LSU libraries TEACH Act Toolkit 

    WHAT:    

    • Performances of nondramatic literary works 
    • Performances of nondramatic musical works  
    • Performances of reasonable portions of any other work 
    • Display of any other work in an amount comparable to that typically displayed in a live  classroom setting

    WHEN:   

    By, at the direction of, or under the actual supervision of an instructor as an integral part of a classroom session, as part of systematic mediated instructional activities,  and directly related and of material assistance to the teaching content.