Glossary for TEACH Act
Works consisting of a series of related images that, when shown in succession, impart an impression of motion, together with any accompanying sounds.
Class Session (from U.S. Senate Report)
A class session is generally that period during which a student is logged on to the server of the institution transmitting the display or performance. It is likely to vary with the needs of the student and with the design of the particular course. Class session does not mean the duration of a particular course (i.e., a semester or term), but rather is intended to describe the equivalent of an actual single face-to-face mediated class session.
Copyright is the legal authority to copy books, recordings, software, videos, photos, and other creative products. Copyright may be owned, bought, and sold, and copyright owners may grant or sell copying licenses to individuals or institutions.
A notification to the user that the material used is copyrighted and protected by U.S. copyright law.
A course pack is a pre-selected collection of course readings (typically book chapters, journal articles or reports). These readings may be reproduced and bound together for the student to purchase.
Electronic system-based communication between devices of audio, video, data, images or events.
Include choreography, pantomimes, plays, treatments, and scripts prepared for cinema, radio, and television. These works may be with or without music.
Enrolled in the Course (from U.S. Senate Report)
This requirement is not intended to impose a general requirement of network security. Rather, it means that recipients should be identified and the transmissions limited to such identified authorized recipients.
Sections 107 & 108 of the 1976 U.S. Copyright Act where an individual can legally copy and disseminate limited amounts of copyrighted material without first obtaining copyright permission. There are four fair use factors (purpose, nature, amount, and effect) that must be weighed before determining if the item can be copied. Most items that are photocopied are done so using the fair use portion of the copyright law.
Four Fair Use Factors
The four factors (purpose, nature, amount, and effect) that must be weighed together to determine if the use of a copyrighted work is fair use. The four factors include:
- the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
- the nature of the copyrighted work
- the amount and substantiality of the portion used in relation to the copyrighted work as a whole
- the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
The individual hired by the university responsible for planning, directing, instructing, and supervising the activities of a university course.
Interlibrary loan services
Service provided by a library where it attempts to acquire and borrow information resources usually books or articles from another library. Most articles are sent as photocopies using the fair use portion of the copyright law. When an article can't be acquired using fair use the library will then attempt to acquire the article through a document delivery company where royalties are paid to the copyright holder.
Learning Management System (LMS)
Software that automates the administration of a class session. Learning Management Systems manage the log-in of registered users, manage course catalogs, record data from learners, facilitate communication and provide feedback and reports to students, instructors and technology managers.
Mediated Instructional Activities (from U.S. Senate Report)
These activities are an integral part of the class experience, controlled by or under the actual supervision of the instructor and analogous to the type of performance or display that would take place in a live classroom setting.
Non-Dramatic Literary Works
Examples of permitted performances in this category might include a poetry or short story reading.
Non-Dramatic Musical Works
Include all music other than opera, music videos, and musicals.
Items that are not covered by U.S. copyright law and can be copied and disseminated without restrictions. This often applies to older works where the copyright law has expired or to most items produced by officers or employees of the U.S. government as part of their government jobs.
Service provided by a library where print or electronic items are placed on course reserves. Articles without copyright permission are usually copied and placed on reserve using the fair use portion of the copyright law.
The TEACH (Technology, Education and Copyright Harmonization) Act was signed into law on November 2, 2002. It redefines the terms and conditions on which accredited, nonprofit educational institutions may use copyright protected materials in distance education including websites without permission from the copyright owner and without payment of royalties.
Technological Measures that Prevent Retention and Further Dissemination (from House Report)
This requirement does not impose a duty to guarantee that retention and further dissemination will never occur. Nor does it imply that there is an obligation to monitor recipient conduct. Moreover, the 'reasonably prevent' standard should not be construed to imply perfect efficacy in stopping retention or further dissemination. The obligation to 'reasonably prevent' contemplates an objectively reasonable standard regarding the ability of a technological protection measure to achieve its purpose.