Important Note:
This document 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
Updated: February 17, 2005

The TEACH Act amended the U.S. Copyright law in 2002 on the issue of the use of copyrighted works in distance education. More information about the TEACH Act is available from the website of the Copyright Management Center. The new law is one possible means for lawful uses of works, and the law imposes several requirements for compliance. This document identifies those requirements and summarizes how each requirement may be addressed in the context of the IUPUI Jumpstart Program.

Currently, the following steps taken at IUPUI only address the use of materials that are capable of being delivered to students using streaming technology. These materials include mostly sound recordings and audiovisual works. While th TEACH Act allows for the use of other types of materials in conjunction with distance education, the following steps may not adequately address the reqirements of the TEACH Act for these materials.

TEACH Act requirements that will likely fall within the duty of the Instructor:

1. The work to be transmitted may be any of the following:

a. A performance of a non-dramatic literary work; or

b. A performance of a non-dramatic musical work; or

c. A performance of any other work, including dramatic works and audiovisual works, but only in "reasonable and limited portions"; or

d. A display of any work in an amount comparable to that which is typically displayed in the course of a live classroom session.

2. The work to be transmitted may not be any of the following:

a. Marketed primarily for performance or display as part of a digitally transmitted mediated instructional activity; or

b. a textbook, course pack, or other material in any media which is typically purchased or acquired by students for their independent use and retention.

3. Any permitted performance or display must be both:

a. Made by, at the direction of, or under the actual supervision of an instructor as an integral part of a class session offered as a regular part of the systematic, mediated instructional activities of the educational institution; and

b. Directly related and of material assistance to the teaching content of the transmission.

4. The institution does not know or have reason to believe that the copy of the work to be transmitted was not lawfully made or acquired.

5 . If the work to be used has to be converted from print or another analog version to digital format, then both:

a. The amount of the work converted is no greater than the amount that can lawfully be used for the course; and

b. There is no digital version of the work available to the institution or the digital version available to the institution has technological protection that prevents its lawful use for the course.

TEACH ACT requirements that will likely fall within the duty of the Institution:

6. The institution for which the work is transmitted is an accredited nonprofit educational institution.

All Indiana University campuses, including IUPUI, are accredited nonprofit educational institutions. Instructors should make course materials available only to students enrolled in the IUPUI course.

7. The institution has instituted policies regarding copyright.

Indiana University has a general policy on the issue of fair use. Until a formal policy specifically related to distance education is adopted at IU or IUPUI, the Copyright Management Center has developed a suggested policy statement specifically applicable to the use of copyrighted works in distance education (see “Distance Education and Copyright at Indiana University,” available at http://www.copyright.iupui.edu/teach_policy.htm).

8 . The institution has provided information materials to faculty, students, and relevant staff members that describe and promote compliance with U.S. copyright laws.

The Copyright Management Center’s website provides members of the IUPUI community, including faculty, students, staff members, and instructors valuable insight and information describing and promoting U.S. copyright laws.

9. The institution has provided notice to students that materials used in connection with the course may be subject to copyright protection.

Appropriate notice of copyright should be given to students within the online course alerting them to copyright implications affecting the works. At IUPUI, this responsibility will most likely fall upon the instructor of the course. Accordingly, the instuctor should include the notice, "Materials used in connection with this course may be subject to copyright protection," prominently within the online course.

 

10. The transmission of the content is made solely for students officially enrolled in the course for which the transmission is made.

Instructors should limit access to the online course to enrolled students and not allow public access to the course. At IUPUI, the course management system, Oncourse, provides this capability.

TEACH Act requirements that will likely fall within the duty of the Information Technology Officials:

11. Technological measures have been taken to reasonably prevent both:

a. Retention of the work in accessible form by students for longer than the class session; and

b. Unauthorized further dissemination of the work in accessible form by such recipients to others.

Instructors should make sure that relevant copyrighted works reside on the Helix server administered by Digtial Media Network Services (DMNS). This server employs RealNetwork's "secret handshake" technology and requires password authentication to access works residing on it. Student access to the copyrighted works will terminate at the end of each semester.

12. The institution has not engaged in conduct that could reasonably be expected to interfere with technological measures used by copyright owners to prevent retention or dissemination of their works.

No entity at IUPUI should interfere with such technological measures for purposes of the TEACH Act.

13. The work is stored on a system or network in a manner that is ordinarily not accessible to anyone other than anticipated recipients.

The Helix server on which the works are stored is not directly accessible by the public. Password protection restricts access to the course and to each individual copyrighted work residing upon the server to enrolled students only.

 

14. The copy of the work will only be maintained on the system or network in a manner ordinarily accessible for a period that is reasonably necessary to facilitate the transmissions for which it was made.

The steps taken to fulfill Requirement 11 (above) also satisfy this requirement.

15. Any copies made for the purpose of transmitting the work are retained and used solely by the institution.

All copies of the works made should beretained by the instructor or on the Helix server and used only for purposes of transmission for the course or backup copies.