TEACH Act

The TEACH Act is a U.S. copyright law update that expanded a narrow teaching exemption for certain digital distance-learning uses by accredited nonprofit educational institutions and government bodies. It does not make all online teaching uses free or automatic; it applies only when specific statutory conditions are met under 17 U.S.C. § 110(2).

Quick facts:
Also called: Technology, Education, and Copyright Harmonization Act
Jurisdiction: United States
Main focus: limited digital distance-education exemption
Not the same as: fair use, an open license, or blanket permission for uploading full works to course sites.

Example:
A nonprofit university streams part of a film and a musical work inside a password-protected online class session for enrolled students, under instructor direction, as part of mediated teaching. That kind of use may fall within the TEACH Act only if the institution also satisfies the law’s limits and safeguards.

Gotchas:

  • The TEACH Act is not a blanket exception for online education. The statute limits it to transmissions by a government body or an accredited nonprofit educational institution, tied to systematic instructional activities and instructor-led class sessions.
  • It does not allow unlimited use of all works. The law permits performance of nondramatic literary or musical works, only “reasonable and limited portions” of other works, and displays comparable to what would be shown in a live classroom session.
  • It excludes some materials, including works produced or marketed primarily for digital instructional transmissions, and it does not protect use of unlawfully made copies.
  • Institutions relying on the TEACH Act must use safeguards, including measures aimed at preventing retention and further distribution, and must not interfere with copyright-protection technologies applied by rightsholders.

FAQs

Yes. The Act does not cover full performances of dramatic audiovisual works like movies, plays, operas, or musical theater. Only reasonable and limited portions of these types of works can be transmitted for teaching. Commercial educational materials, such as textbooks or course packs, are also excluded.

No. The TEACH Act only covers instructor-led performances or displays during official instructional activities. It does not authorize peer-to-peer sharing or independent student distribution of copyrighted content, even if it relates to coursework.

Yes, but only if you continue to meet the Act’s requirements. Recordings must stay behind secure systems, be limited to enrolled students, and be removed when the course ends if no longer needed. Posting recordings on public websites or open platforms would likely violate the Act.

No. The Act and the DMCA are two different laws. The Act focuses on performances and displays for distance education. The DMCA deals with digital rights management and protecting copyrighted works against unauthorized copying or distribution. Both laws affect online education but serve different purposes.

Share Share on Facebook Share on X Share on LinkedIn Share on Reddit

Related terms:
Fair UseEducational Use • Copyright Exemption • License Terms • Public Performance Rights • Streaming Rights • Distance Learning