Copyright

The TEACH Act (Technology, Education, and Copyright Harmonization Act of 2002) is a federal law that allows educators at accredited nonprofit institutions to perform and display certain copyrighted works in online classes without asking permission, if very specific requirements are met.

This law is separate from Fair Use and has stricter conditions. When followed properly, it provides legal protections for distance education, including Canvas-based courses.

If your course and institution meet all the criteria, the TEACH Act allows you to:

• Show entire nondramatic literary works (e.g., readings from nonfiction books)
• Show entire nondramatic musical works (e.g., classical music recordings)
• Show reasonable portions of dramatic works (e.g., short clips from films or plays)
• Display still images or photographs (as you would in a classroom)
• Digitize analog content—but only if a digital version isn’t already available in a usable format

💡 Tip: You must actively prevent downloads and limit access to enrolled students.

The TEACH Act does not allow:

• Uploading full movies, CDs, or performances for on-demand viewing
• Sharing content beyond enrolled students (e.g., open YouTube uploads)
• Using materials specifically created and marketed for online instruction
• Circumventing digital locks or DRM (Digital Rights Management)
• Posting anything without copyright that would be considered infringement outside of a class

💡 Tip: If your use doesn't qualify under TEACH, you might still be covered by Fair Use or a license.

To qualify under the TEACH Act, NWACC must:

• Be a nonprofit accredited educational institution ✅
• Have policies regarding copyright ✅
• Notify students about copyright ✅

Instructors must:

• Use materials as part of mediated instruction
• Limit access to enrolled students only
• Use technology that reasonably prevents retention or further distribution

📧 Need help? Contact the Library or Digital Learning.

Use these tools to determine whether the TEACH Act applies to your situation:

• TEACH Act Checklist – University of Texas
• TEACH Act Flowchart – NC State University

💡 Tip: These tools don’t replace legal advice, but they help document your decision-making.

Not sure if the TEACH Act applies? The Library and Digital Learning can help you determine:

• Whether the TEACH Act, Fair Use, or a license is best
• How to apply limitations in Canvas
• What records to keep to support your use

📧 library@nwacc.edu | 📧 dl@nwacc.edu