Copyright and Distance Education

Distance Education gives rise to complex copyright issues related to both the question of ownership of the newly created work, as well as the question of "fair use" of existing materials. The links below can guide you to some helpful resources on both points. Please note that with respect to the proper use of copyrighted works in distance education, you may turn either to the general law of fair use, or you may also turn to the specifically applicable statute, Section 110(2) of the U.S. Copyright Act.

New Legislation for Distance Education as of 2002

On October 3, 2002 Congress enacted the "TEACH Act," fully revising Section 110(2) of the U.S. Copyright Act governing the lawful uses of existing copyrighted materials in distance education. President Bush signed the Act into law on November 2, 2002 and it became effective immediately on that day. This is a detailed statute, with specific requirements and conditions, outlining the terms on which educators may clip pieces of text, images, sound, and other works and include them in "distance education." If a particular use does not fit these conditions, one may still consider whether the use is a "fair use," but the copyright analysis should now begin with an evaluation of Section 110(2) of the law, as revised by the TEACH Act.

TEACH Act and Distance Education

TEACH Act legislation, Congressional Reports and other Official Documents

Section 110 (2) of the U.S. Copyright Act Limitations on exclusive rights: Exemption of certain performances and dsiplays.
Senate Report
House Report
Technological Protection Systems for Digitized Copyrighted Works: A Report to Congress (Issued May 20, 2003).

Analysis and Commentary

Summary of the TEACH Act, Kenneth D. Crews
Statement of Marybeth Peters the Registrar of Copyrights before the Senate Committee on the Judiciary
Slow Start for Long-Awaited Easing of Copyright Restriction , The Chronicle of Higher Education (article about the Teach Act)
Balancing Copyright Concerns: The TEACH Act of 2001, by Laura Gasaway

Tools for Implementing the TEACH Act

CMC TEACH Act Checklist
The TEACH Act Toolkit North Carolina State University
Teach Act at the University of Texas

Implementing the TEACH Act at IUPUI

Using the TEACH Act Checklist at IUPUI This document identifies the TEACH Act requirements and summarizes how each requirement may be addressed in the context of the IUPUI Jumpstart Program
Complying with the TEACH Act- Recommendations from the CMC to the IUPUI Jumpstart Program
Distance Education and Copyright at Indiana University: Suggested standards for practice and procedure at IU

TEACH Act: Additional Resources

Guiding Principles for Faculty in Distance Learning, Indiana Higher
Education Telecommunication System (IHETS)
TEACH Act Comparison Chart, by Laura Gasaway, UNC. The chart compares Section 110(1) and the old version of 110(2) with the new version of 110(2)

The Law Before the TEACH Act

Old Text of Section 110(2) of the U.S. Copyright Act (version as superseded by the
TEACH Act, October 2002)

Fair Use and Distance Education

Fair Use at the University (fair use remains a viable alternative means for properly using copyrighted works in distance education)
Course Management Systems and Copyright
Oncourse, Angel, and Other Electronic Information Delivery Systems at IUPUI

Distance Education and Copyright Ownership

Copyright Ownership at the University
Memorandum of Understanding: Assuring Rights of Use of Instructional Materials
- Summary and Overview of the Memorandum of Understanding
- Memorandum of Understanding
IUPUI Online Intellectual Property Management

Content Updated: Nov. 12, 2004
Links Updated: March 21, 2006