Copyright for Distance Learning
and the TEACH Act

• How Does Copyright Differ for Distance Learning?
• What is the TEACH Act?
• NMC Statement of Compliance for the TEACH Act
• Resources
  

How Does Copyright Differ for Distance Learning?
It has been generally believed that what falls within the copyright guidelines for a face-to-face classroom also applies to a distant classroom such as an online class. For example, if the online classroom environment is restricted to enrolled students (not publically accessible), what falls within "Fair Use" for a face-to-face classroom normally applies to the online classroom. This is only true to an extent; it hasn't been the case for using copyright protected performances or nondramatic literary and musical works. In a classroom, students can listen and watch a performance, yet copying and transmission of these at a distance has been prohibited, or at minimum problematic in determining if they fall under "Fair Use" or not. Therefore, the TEACH Act was established.

What is the TEACH Act?
The Technology, Education And Copyright Harmonization Act, was established to provide for expanded rights to some protected works in distance learning. What are these? They include the following:

• Performance of nondramatic works excluding operas, musicals and music videos
• Use of other performances as long as they are limited and reasonable
• Use of the display of any work if it is comparable to that used typically in the face-to-face classroom environment

It is important to note that these rights do not apply to the copying and use of materials sold for distance learning such as telecourses.

In addition, NMC is required to meet the following "affirmative obligations" to be in compliance of the TEACH Act:

• Institutional policies are in place.
• Faculty, students and relevant staff are provided information about copyright compliance. (See statement below).
• Distance learning courses all contain a copyright notice similar to the one below:

"Materials used in connection with the course may be subject to copyright protection. These materials are only for the use of students enrolled in this course and only for the purposes of this course. They may not be further retained or disseminated unless otherwise stated."

• Access to distance learning courses is restricted to enrolled students.
• Copyrighted works are retained for limited time periods--not used continually over several semesters.
• The use does not interfere with storage and distribution of the protected works by the copyright holder. 

NMC Statement of Compliance for the TEACH Act
NMC is following the affirmative obligations as set forth in the TEACH Act.

• NMC has established policies regarding copyright as indicated in the NMC Acceptable Use and Intellectual Property Rights for Courses and Course Materials for the Flexible Learning Option Program Policies.
• NMC provides copyright information to the NMC community through this website and supports NMC staff by helping address copyright questions and seeking copyright permissions when appropriate.
• NMC requests that all distance learning faculty place a copyright notice in their course, either in their syllabi and/or password protected online course area.
• NMC requests that all faculty limit their use of copyright protected works; that they do not continually use the same works over several semesters/sessions of course delivery.
• NMC requests that all uses of copyrighted materials are used in conjunction with any licensing and does not negatively impact the use and distribution of the copyright holder in any manner. 

Online Resources