Important Note:
This document is DRAFT only and is circulated for discussion and comment. It is not legal advice, and it does not reflect the legal position of IU, IUPUI, or any other person or entity

A Project of the
IUPUI Copyright Management Center

Kenneth D. Crews, Associate Dean of the Faculties for Copyright Management
David Wong, Senior Copyright Analyst

Indiana University-Purdue University Indianapolis
530 West New York Street
Indianapolis, Indiana 46202-3225
Voice: 317-274-4400 Fax: 317-278-3326
http://www.copyright.iupui.edu
Revised September 16, 2003

Background
On November, 2, 2002, the TEACH Act (Act) became law, fully revising Section 110(2) of the U.S. Copyright Act, governing lawful uses of works protected by copyright in distance education. By complying with the TEACH Act, certain copyrighted works may be used for distance education without permission from, or payment of royalties to, the copyright owner—and without copyright infringement. One important improvement of the TEACH Act over previous law is that the Act allows for the use of an expanded range of works in distance education. These works include: the performances of non-dramatic literary or musical works; reasonable and limited portions of any other works; and the display of a work is an amount comparable to that which is typically displayed in the course of a live classroom session.

Beyond Fair Use
The TEACH Act is in addition to the “fair use” exception to the copyright owner’s exclusive rights to their materials. In many instances, the Act allows the use of a wider range of works than the law of fair use. The TEACH Act may allow for the use of larger portions of certain works than the law of fair use. Also, the TEACH Act may provide educators with a broader capability to use the same works in repeated semesters without incurring “new” permission fees. In some circumstances, fair use may be broader than the Teach Act, so if a particular use does not fit the conditions set out by the Act, one may still apply fair use. For more information about fair use, visit the Copyright Management Center’s web site at: www.copyright.iupui.edu.

Potential Benefits of the TEACH Act to the Jumpstart Program

Responsibilities Under the TEACH Act.
With the added benefits of the TEACH Act come added responsibilities. Compliance with the TEACH Act is not automatic and does not happen by accident. In order to comply with the TEACH Act, several requirements imposed by the Act must be addressed. Accompanying this document is the Using the TEACH Act at IUPUI document, identifying requirements for compliance with the TEACH Act, and including a summary of steps suggested by the Copyright Management Center to address these matters.

Recommendations for the Jumpstart Program
The Copyright Management Center recommends that IUPUI Online consider adopting policies and procedures that comply with the TEACH Act in order to take advantage of the law’s benefits. Many instructors working with IUPUI Online have expressed interest in applying the law and have suggested that some uses of copyrighted works would otherwise be impractical or impossible. The Copyright Management Center offers its assistance in the endeavor to make IUPUI Online courses compliant with the TEACH Act.