Works Explicitly Allowed/Excluded
The TEACH Act permits the display and performance of nearly all types
of work. However, a few narrow classes of works remain excluded,
and uses of some types of works are subject to quantity limitations.
• A performance of a non-dramatic literary work
• A performance of a non-dramatic musical work
A performance of any other work, including dramatic works and audiovisual
works, but only in "reasonable and limited portions". The
amount of the work may be no greater than the amount that can lawfully
be used for a traditional course under fair use.
• A display in an amount comparable to that which is typically displayed
in the course of a live classroom session.
• Works marketed primarily for performance or display as part of a digitally
transmitted mediated instructional activity
• Electronic textbooks, course packs, or other material in any media
which is typically purchased or acquired by students for their independent
use and retention. This includes materials that an instructor may
want students to study, read, listen to or watch on their own time outside
of class. Note however, these materials may be used under the guidelines
Use via the
TEACH Act is not a replacement of Fair Use. Therefore, if
a use is not permitted under the TEACH Act, it may be permitted under
The instructor is ultimately in charge of the uses of copyrighted works
and the performance and display of copyrighted material(s) is an
integral part of his/her class session and are not ancillary materials,
used for entertainment of students, or unrelated background material.
Mediated Instructional Activities
The statute directs that performances and displays of the digital transmission
of copyrighted material must be in the context of mediated instructional
activities. Instructors at the University must ensure that the uses
of materials must be an integral part of the class experience, controlled
or under their actual supervision, and analogous to the type of performance
or display that would take place in a live classroom setting.
Mediated instructional activities as specified in the statute do not
encompass uses of textbooks and other materials, which are typically,
purchased or acquired by the students.
Converting Analog Material
to Digital Formats
Is allowable if:
• The amount of the work converted is no greater than the amount that
can lawfully be used for a traditional course under fair use. The law
prevents an instructor from scanning and uploading chapters from a
textbook in lieu of having the students purchase that material for
their own use.
• 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.