Create 3.1.2 Fair Use and the TEACH Act

As instructors, the Fair Use Act allows for using copyright material that relates to the classroom, research, news reporting, etc. but cannot be used for commercial activity, selling, or sharing entertainment. Under the Fair Use Act, credit must be given to the original author. The instructors must be informed of and follow the Fair Use Act, and more importantly, to educate students of the Act.

The TEACH Act, the Technology, Education, and Copyright Harmonization Act; that provides educators with another set of rights with the addition of Fair Use. It allows educators to exhibit and perform others’ works while in the classroom. The TEACH Act helps educators to not worry so much of knowing what materials can and cannot be used. It covers works an instructor would show or play in class such as movie or music clips, images of artworks in an art history class, or a poetry reading. (1)
However, there are some exclusions with the TEACH Act. For example, Section 110(2) only applies to accredited nonprofit educational institutions. The Act does not extend to the use of works primarily produced or marketed for in-class use in the digital distance education market; works the instructor knows or has reason to believe were not lawfully made or acquired; or textbooks, course packs, and other materials typically purchased by students individually. The TEACH Act also does not cover materials an instructor may want students to study, read, listen to, or watch on their own time outside of class. (1)


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