The Technology, Education and Copyright Harmonization Act (TEACH ACT) became law in 2002 (it revised 17 U.S.C. section 110(2)). The TEACH ACT only applies to accredited nonprofit educational institutions and it is quite complex. However, when applicable it expands the scope of an instructor’s right to perform and display works for digital distance education.
Prior to the passing of the TEACH ACT, there were severe limitations on what could be performed in a distance education course. Although it makes the rights closer to what is available in the traditional face-to-face teaching environment, there is still a gap between the two. In some cases, it may be easier or more applicable to rely on the Fair Use factors (see Fair Use tab) when dealing with electronic teaching tools.
Note that the TEACH ACT only applies to in class performances and displays. Therefore, digital delivery of supplemental reading materials and other electronic resources used or made available to students outside of the digital classroom are not covered by the TEACH ACT; however the CONFU multi media guidelines may apply. (See box below)