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The TEACH
Act allows the following types of work to be used
in an online course that is broadcast or otherwise transmitted:
- the performance of a
non-dramatic literary work;
- the performance of a
non-dramatic musical work;
- reasonable and limited
portions of other works (such as films, videos or dramatic
musical works like opera, musicals and music videos);
and
- other copyrighted works
(such as still images) as long as the display of such
works is in an amount comparable to that which is typically
displayed in the course of a live classroom session.
To comply with the TEACH Act, the use of
these works is subject to the following conditions, ALL
of which must be met:
- The performance or display is
made by, at the direction of, or under the actual supervision
of an instructor as an integral part of a class session
offered as a regular part of the systematic, mediated
instructional activity of the university. "Systematic
mediated instructional activity" refers to that activity
which an instructor would perform during actual class
instruction (as opposed to activities assigned as part
of the students' course work outside of class);
- The performance or display is
directly related and of material assistance to the teaching
content of the transmission;
- The transmission is made solely for
students enrolled in the course
The transmitted material:
- is not marketed for classroom
use or for digital distance education;
- has been lawfully made or acquired;
- and is not the type of material typically
purchased by students, such as textbooks or subscriptions
to e-packs.
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