Copyright Issues in Higher Education:
The TEACH Act, The Digital Millennium Copyright Act and Course Management Systems
The Copyright Act of October 19, 1976 is the copyright law of the United States, effective January 1, 1978 (title 17 of the United States Code, Public Law 94-553, 90 Stat. 2451.) This act explains acceptable non-profit academic usage of copyrighted materials including but not limited to print, art work, music and recordings.
Addressing the TEACT Act (Technology, Education, and Copyright Harmonization), the Digital Millennium Copyright Act (DMCA) and Course Management Systems (CMS):
This page will address the copyright issues surrounding the TEACH Act, the DMCA and the use of Course Management Systems. At the end will be a list of Internet resources such as the link to the entire TEACH and DMC Acts.
Technology, Education and Copyright Harmonization Act - the TEACH Act:
Designed with the academic institution in mind, the TEACH Act was created by academic institutions, publishers, library organizations and Congress. It was enacted by President Bush on November 2, 2002. The TEACH Act takes into consideration distance learning and the impact on copyright.
The following is a brief summary of the criteria for institutions to participate in the improvements of the TEACH Act to copyright compliance:
1. Non-profit educational institution
2. Limit access to the number of students enrolled in a specific course
3. Use for ‘live’ or asynchronous class sessions
4. Cannot include transmission of textbooks, study guides, etc.
Digital Millennium Copyright Act (DMCA):
Enacted in 1998, the DMCA was created to enhance Section 17 of the United States Code to include material in digital format.
One of the issues the DMCA deals with is the unauthorized disabling of measures that restrict or control access to copyrighted materials. This includes encryption of software and audiovisual materials.
The DMCA does recognize the value of non-profit academic institutions. As such here is a brief summary of the exceptions as they pertain to NCC:
1. Circumvention for determination as to the decision to request authorization for addition to the library collection or course materials (See Nonprofit library, archive and education institution exception, Section 1201 (d))
2. Circumvention by a person who lawfully obtained the right to use a copy to identify and analyze elements necessary to achieve interoperability with other programs, as permitted by law (See Reverse engineering, Section 1201 (f))
3. Encryption research to identify flaws and vulnerabilities (See Encryption research, Section 1201 (g))
4. Circumvention for the purpose of testing of a computer, computer system or computer network (See Security testing, Section 1201 (j))
Course Management Systems:
The increase in distance learning has brought about the need for better methods of keeping the students enrolled in the course in communication with the instructors.
In order to clear up confusion concerning copyright and the use of CMS, the following guidelines were established:
1. Vendor-provided content sold with or in addition to the CMS are likely to meet copyright requirements
2. Uploading content not provided by the CMS vendor needs to adhere to the traditional copyright law including obtaining permission for use. If the material would need a request for permission in paper form, a new request will need to be submitted for digital use.
3. Access to library subscribed databases is allowable only if contained in the contract between the library and the database vendor.
Useful Internet Sites:
Copyright Office
Copyright Clearance Center
The Campus Guide to Copyright Compliance
Permission Request Form
Copyright Office Circulars and Factsheets
Digital Millennium Copyright Act
The TEACT Act
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