Long title | An act to amend chapter 1 of title 17, United States Code, relating to the exemption of certain performances or displays for educational uses from copyright infringement provisions, to provide that the making of copies or phonorecords of such performances or displays is not an infringement under certain circumstances, and for other purposes. |
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Acronyms (colloquial) | TEACH Act |
Enacted by | the 107th United States Congress |
Citations | |
Public law | Pub. L. Tooltip Public Law (United States) 107–273 (text) (PDF) § 13301 |
Statutes at Large | 116 Stat. 1758 § 13301 |
Codification | |
Titles amended | Title 17 of the United States Code |
U.S.C. sections amended | 17 U.S.C. § 110, § 112 |
Legislative history | |
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The Technology, Education and Copyright Harmonization Act of 2002 (part of Public Law 107-273), known as the TEACH Act, is a section of an Act of the United States Congress. The importance of the TEACH Act stems from the previous copyright laws that allow educators to copy documents or use copyrighted materials in a face-to-face classroom setting. Because of the growth of distance education that does not contain a face-to-face classroom setting revisions to these laws, particularly sections 110(2) [1] and 112(f) [2] of the U.S. Copyright Act, were needed.
Signed into law by President George W. Bush on November 2, 2002 the TEACH Act clarifies what uses are permissible with regard to distance education. Furthermore, the TEACH Act outlines what requirements the information technology staff and students of a university must abide by in order to be in compliance with the TEACH Act.
While in some cases Fair Use Doctrine covers compliance to copyright law, the TEACH Act clarifies what compliance measures must be implemented with regard to distance education. This Act permits teachers and students of accredited, nonprofit educational institutions to transmit performances and displays of copyrighted works as part of a course if certain conditions are met. If these conditions are not or cannot be met, in order to be lawful, a use would arguably have to qualify under another exception, such as fair use or the de minimis rule, or be permitted by the copyright holder.
Before the TEACH Act was signed into law educators and students were at a disadvantage with respect to the materials they were allowed to use and the way in which these documents were presented through the online learning environment. The TEACH Act made copyright laws regarding distance learning closer to the laws provided for face-to-face classrooms though there are still important differences (especially regarding full-length audiovisual works, such as movies and documentaries). Some of these benefits include:
Distance education, also known as distance learning, is the education of students who may not always be physically present at school, or where the learner and the teacher are separated in both time and distance. Traditionally, this usually involved correspondence courses wherein the student corresponded with the school via mail. Distance education is a technology-mediated modality and has evolved with the evolution of technologies such as video conferencing, TV, and the Internet. Today, it usually involves online education and the learning is usually mediated by some form of technology. A distance learning program can either be completely a remote learning, or a combination of both online learning and traditional offline classroom instruction. Other modalities include distance learning with complementary virtual environment or teaching in virtual environment (e-learning).
Education reform is the name given to the goal of changing public education. The meaning and education methods have changed through debates over what content or experiences result in an educated individual or an educated society. Historically, the motivations for reform have not reflected the current needs of society. A consistent theme of reform includes the idea that large systematic changes to educational standards will produce social returns in citizens' health, wealth, and well-being.
A teacher, also called a schoolteacher or formally an educator, is a person who helps students to acquire knowledge, competence, or virtue, via the practice of teaching.
Educational software is a term used for any computer software which is made for an educational purpose. It encompasses different ranges from language learning software to classroom management software to reference software. The purpose of all this software is to make some part of education more effective and efficient.
A diploma mill is a company or organization that claims to be a higher education institution but provides illegitimate academic degrees and diplomas for a fee. The degrees can be fabricated, falsified, or misrepresented. These degrees may claim to give credit for relevant life experience, but should not be confused with legitimate prior learning assessment programs. They may also claim to evaluate work history or require submission of a thesis or dissertation for evaluation to give an appearance of authenticity. Diploma mills are frequently supported by accreditation mills, set up for the purpose of providing an appearance of authenticity. The term may also be used pejoratively to describe an accredited institution with low academic admission standards and a low job placement rate. An individual may or may not be aware that the degree they have obtained is not wholly legitimate. In either case, legal issues can arise if the qualification is used in resumes.
Asynchronous learning is a general term used to describe forms of education, instruction, and learning that do not occur in the same place or at the same time. It uses resources that facilitate information sharing outside the constraints of time and place among a network of people. In many instances, well-constructed asynchronous learning is based on constructivist theory, a student-centered approach that emphasizes the importance of peer-to-peer interactions. This approach combines self-study with asynchronous interactions to promote learning, and it can be used to facilitate learning in traditional on-campus education, distance education, and continuing education. This combined network of learners and the electronic network in which they communicate are referred to as an asynchronous learning network.
Open educational resources (OER) are teaching, learning, and research materials intentionally created and licensed to be free for the end user to own, share, and in most cases, modify. The term "OER" describes publicly accessible materials and resources for any user to use, re-mix, improve, and redistribute under some licenses. These are designed to reduce accessibility barriers by implementing best practices in teaching and to be adapted for local unique contexts.
An online school teaches students entirely or primarily online or through the Internet. It has been defined as "education that uses one or more technologies to deliver instruction to students who are separated from the instructor and to support regular and substantive interaction between the students. Online education exists all around the world and is used for all levels of education. This type of learning enables the individuals to earn transferable credits, take recognized examinations, and advance to the next level of education over the Internet.
A teacher-librarian or school librarian or school library media specialist (SLMS) is a certified librarian who also has training in teaching.
Educational technology is the combined use of computer hardware, software, and educational theory and practice to facilitate learning. When referred to with its abbreviation, "EdTech," it often refers to the industry of companies that create educational technology. In EdTech Inc.: Selling, Automating and Globalizing Higher Education in the Digital Age, Tanner Mirrlees and Shahid Alvi (2019) argue "EdTech is no exception to industry ownership and market rules" and "define the EdTech industries as all the privately owned companies currently involved in the financing, production and distribution of commercial hardware, software, cultural goods, services and platforms for the educational market with the goal of turning a profit. Many of these companies are US-based and rapidly expanding into educational markets across North America, and increasingly growing all over the world."
Music licensing is the licensed use of copyrighted music. Music licensing is intended to ensure that the owners of copyrights on musical works are compensated for certain uses of their work. A purchaser has limited rights to use the work without a separate agreement.
The California Bureau for Private Postsecondary and Vocational Education (BPPVE) was a unit of the California Department of Consumer Affairs whose purpose was to protect students by establishing academic standards for private institutions of higher education in California. BPPVE approval or exemption was required by the State of California to ensure consumer safety from fraudulent or substandard education providers. The agency ceased operation on July 1, 2007, when the legislative authority for its creation expired. A new agency, the California Bureau for Private Postsecondary Education, took its place on January 1, 2010.
The Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) is a register formed under the Education Services for Overseas Students (ESOS) Act 2000. It maintains a list of institutions, and courses, which have been granted permission by states and territories, to educate overseas students. It is a Federal framework under the authority of state and territory jurisdiction, and providers must register through these agents to legally educate and train international students. CRICOS, in conjunction with other federal and state/territory bodies and legislation, provides strict guidelines for institutions, accepts and/or declines registrations, monitors registered institutions’ compliance and ensures financial capability and stability.
Open education is an educational movement founded on openness, with connections to other educational movements such as critical pedagogy, and with an educational stance which favours widening participation and inclusiveness in society. Open education broadens access to the learning and training traditionally offered through formal education systems and is typically offered through online and distance education. The qualifier "open" refers to the elimination of barriers that can preclude both opportunities and recognition for participation in institution-based learning. One aspect of openness or "opening up" education is the development and adoption of open educational resources in support of open educational practices.
The Online Copyright Infringement Liability Limitation Act (OCILLA) is United States federal law that creates a conditional 'safe harbor' for online service providers (OSP), a group which includes Internet service providers (ISP) and other Internet intermediaries, by shielding them for their own acts of direct copyright infringement as well as shielding them from potential secondary liability for the infringing acts of others. OCILLA was passed as a part of the 1998 Digital Millennium Copyright Act (DMCA) and is sometimes referred to as the "Safe Harbor" provision or as "DMCA 512" because it added Section 512 to Title 17 of the United States Code. By exempting Internet intermediaries from copyright infringement liability provided they follow certain rules, OCILLA attempts to strike a balance between the competing interests of copyright owners and digital users.
Higher education accreditation is a type of quality assurance process under which services and operations of post-secondary educational institutions or programs are evaluated to determine if applicable standards are met. If standards are met, accredited status is granted by the agency.
Online learning involves courses offered by primary institutions that are 100% virtual. Online learning, or virtual classes offered over the internet, is contrasted with traditional courses taken in a brick-and-mortar school building. It is a development in distance education that expanded in the 1990s with the spread of the commercial Internet and the World Wide Web. The learner experience is typically asynchronous but may also incorporate synchronous elements. The vast majority of institutions utilize a learning management system for the administration of online courses. As theories of distance education evolve, digital technologies to support learning and pedagogy continue to transform as well.
The Campus Privacy Officer (CPO) is a position within a post-secondary university that ensures that student, faculty, and parent privacy is maintained. The CPO role was created because of growing privacy concerns across college campuses. The responsibilities of the CPO vary depending on the specific needs of the campus community. Their daily tasks may include drafting new privacy policies for their respective college campus, creating a curriculum that informs teachers and students about privacy, helping to investigate any privacy breaches within the university, and ensuring that the university is abiding by current state and federal privacy laws. CPOs are also responsible for connecting with student and faculty groups across the entire campus in order to understand the privacy concerns of the campus. The role of CPO is an expanding profession within the United States and other countries, such as Canada and South Africa. There are numerous organizations that exist to provide training for CPOs and support them.
Inclusive Classroom is a term used within American pedagogy to describe a classroom in which all students, irrespective of their abilities or skills, are welcomed holistically. It is built on the notion that being in a non-segregated classroom will better prepare special-needs students for later life. In the United States, the Rehabilitation Act of 1973 guaranteed civil rights to disabled people, though inclusion of disabled students progressed slowly until the No Child Left Behind Act of 2001, after which almost half of US students with disabilities were soon in general classrooms.
A teach-out or teachout is an arrangement by which an educational institution provides its current students with the opportunity to complete their course of study when the institution closes.