TEACH Act Requirements
In order to qualify for protection under the TEACH Act, a user must satisfy a series of requirements, in the following three categories:
The transmission is a performance or display of a copyrighted work. The TEACH Act does not apply to reproductions, adaptations, distribution of copies, etc.
The performance or display is:
- made by, at the direction of, or under the actual supervision of an instructor;
- a regular part of systematic mediated instructional activities;
- an integral part of a class session;
- directly related and of material assistance to the teaching content of the transmission; and
- given by means of a lawfully made copy of the work (NOT a copy “ripped” from YouTube, a DVD, a CD, etc.).
The work is:
- a nondramatic literary work or nondramatic musical work;
- the work may be performed in its entirety; or
- any other type of work;
- “reasonable and limited” portions of the work may be performed, or
- the work may be displayed in an amount comparable to that which is typically displayed in the course of a live classroom session.
Note: The work may not be one produced or marketed primarily for performance or display as part of mediated instructional activities transmitted via digital networks. This type of work is not covered by the TEACH Act.
In general, these requirements will be satisfied if the performance or display is transmitted through a password-protected Learning Management System (e.g., Learning Suite, Canvas, etc.).
Technological measures need to have been taken to reasonably prevent both:
- Retention of the work in accessible form by students for longer than the class session; and
- Unauthorized further dissemination of the work in accessible form by recipients to others.
The work is stored on a system or network in a manner that is ordinarily not accessible to anyone other than intended recipients.
The copy of the work is maintained on the system or network only in a manner ordinarily accessible for a period that is reasonably necessary to facilitate the transmissions for which it was made.
Any copies made for the purpose of the transmission are retained and used solely by the transmitting organization (BYU).
The transmission of the content is made solely for students officially enrolled in the course for which the transmission is made.
In general, these requirements are satisfied for all BYU employees.
- The transmitting organization (BYU) is an accredited nonprofit educational institution.
- The transmitting organization (BYU) has instituted policies regarding copyright.
- The transmitting organization (BYU) has provided information to faculty, students, and relevant staff members that describe and promote US copyright laws.
- The transmitting organization (BYU) has provided notice to students that materials used in connection with the course may be subject to copyright protection.
- The transmitting organization (BYU) does not engage in conduct that might interfere with the technological measures that copyright owners use to prevent unauthorized retention and unauthorized dissemination of copyrighted works.