Open Educational Resources (OER)
Questions?
If you have any questions, or if you would like more information, please contact:
Ellen Phillips - Director, Open Educational Resources & Intellectual Property, e.phillips@snhu.edu (603.652.1900)
License Information
All original content in this guide is licensed under a Creative Commons Attribution-ShareAlike 4.0 This link opens in a new window International License. 3rd-party content including, but not limited to images and linked items, are subject to their own license terms.
What is the TEACH Act?
The TEACH Act stands for the Technology, Education and Copyright Harmonization Act of 2002. The purpose of the TEACH Act is to provide online classes a way to perform or display copyrighted materials. However, there are very strict requirements to invoke the TEACH Act for copyrighted materials.
What is not covered under the TEACH Act?
- Anything that's produced and sold for performance or display as part of a digitally transmitted mediated instructional activity. This you have to buy or license. This includes videos that were created as instructional materials and are available for purchase in a streaming format.
- Illegally acquired copies of materials. For example, you cannot go to a movie theatre and digitally film a movie to show in your online class.
What is covered under the TEACH Act providing that other conditions are met?
- Complete performances of non-dramatic literary and musical works
- Limited portions of other works
What sort of other conditions are required?
- The work must be an integral part of the class session and relates to the content being taught
- Must be analogous to what you would use in a face-to-face class
- Materials cannot be used for entertainment purposes
- Materials cannot replace a textbook
- Must be used within the learning management system (LMS) so that only students enrolled in the class has access
- Has to be provided in a format that prevents downloading and saving by students for future viewing
- You need to provide a statement to students that the work is copyrighted
Adapted from ALA's TEACH Act Summary of the Report on Copyright and Digital Distance Education This link opens in a new window.
TEACH Act Resources
- Can this material be digitized? This link opens in a new windowDuke University flow chart for TEACH Act guidelines
- Distance Education & the TEACH Act This link opens in a new windowFrom the American Library Association
- TEACH Act This link opens in a new windowThe Technology, Education, and Copyright Harmonization Act of 2001 (TEACH Act) (S. 487, 2001) defines new opportunities for distance education to use copyrighted material without obtaiing permission
- Copyright, Distance Education, and the TEACH Act: Implications for Teaching Writing This link opens in a newessica Reyman. (2006). Copyright, Distance Education, and the TEACH Act: Implications for Teaching Writing. College Composition and Communication, (1), 30. Retrieved from JSTOR.