Copyright

The TEACH Act (Technology, Education, and Copyright Harmonization Act of 2002) is a federal law that allows instructors at accredited nonprofit institutions to use certain copyrighted works in online or hybrid instruction without obtaining permission or paying a license fee if specific conditions are met.

These sections work together to define what’s allowed in both physical and digital classrooms. The TEACH Act is more limited than Fair Use and includes strict conditions for instructors and institutions.

💡 Tip: This exemption only applies in secure online courses like Canvas.

If you meet the TEACH Act’s requirements, you may perform or display certain copyrighted works in online instruction. These permissions apply only to students enrolled in the course and only during the active teaching period.

• Show entire performances of nondramatic literary or musical works (e.g., a full poem or symphony)
• Show reasonable portions of other works (e.g., scenes from a film, excerpts from a play)
• Display still images and text materials comparable to in-person classroom use
• Use licensed content if rights allow for instructional streaming or digital display

💡 Tip: The TEACH Act does not allow for uploading full textbooks, entire movies, or commercial content unless specific criteria are met.

The TEACH Act includes many restrictions. Even if you're teaching online in Canvas, these uses are not permitted unless you have permission or a separate legal justification:

• Uploading entire copyrighted textbooks or workbooks — even if used in your class
• Streaming full-length dramatic works like movies, plays, or operas
• Posting content for entertainment or enrichment only (not tied to learning outcomes)
• Using pirated, bootleg, or illegally obtained content under any circumstance

💡 Tip: When in doubt, consider using Fair Use, library-licensed content, or open educational resources instead.

NWACC supports the responsible use of copyrighted materials for teaching. However, to qualify for TEACH Act protections, instructors and the college must meet all required conditions.

• ✅ Use Canvas or another password-protected system with restricted access to enrolled students
• ✅ Limit availability to the teaching period or class session
• ✅ Use legal copies — not borrowed from unauthorized websites or file-sharing platforms
• ✅ Give attribution and display copyright notices when possible

💡 Tip: NWACC cannot override copyright law. If your use doesn’t qualify under the TEACH Act, Fair Use or library-licensed content may still be options.

Use a checklist to help apply the TEACH Act or Fair Use consistently and document your decisions. These tools can support compliance and offer protection if your use is ever questioned.

💡 Tip: These tools don’t replace legal advice, but they help document your decision-making.Completed checklists can be saved or printed for your records or departmental compliance.

Not sure if the TEACH Act applies? You don't need to figure it out alone. We're here to help you stay compliant and confident.

We 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