Understanding the TEACH Act

As a textbook author, there were some topics I always struggled to write about with confidence. One of these topics is copyright law. My interpretation of aspects of the law that applies to what is shared online appears more conservative than that guiding many who post content online. I have asked lawyers and others presenting about copyright and fair use and often get a glazed look when I cite the provisions of the TEACH Act. My understanding of the TEACH Act suggests that the open Internet is different from the use of the Internet to share with students enrolled in a class. The educator is expected to protect some content by restricting access to actual students. Posting to the open Internet is more like publishing and I would not be allowed to include many types of content in a textbook without consent that I would use as examples in a face-to-face class. My interpretation is that the same is true of posting online for all to view.

I thought I would ask the AI Assistant I use within Obsidian about the TEACH Act and I think "it" agrees with me. In the following material, my prompts are bolded.

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Summarize the TEACH Act

The Technology, Education and Copyright Harmonization (TEACH) Act is a 2002 amendment to the US Copyright Law that permits the use of copyrighted materials for distance and online learning in accredited nonprofit educational institutions. The Act defines the terms and conditions under which copyrighted materials may be used in the classroom and through distance-learning mediums such as the internet, video, and other digital technologies, without explicitly requiring permission from the copyright owner. The Teach Act places certain restrictions and requirements on the institution that wants to avail of its benefits such as providing information on copyright laws and implementing technological measures to prevent unauthorized use or distribution of copyrighted materials. The TEACH Act seeks to balance the rights of copyright owners with the needs of educational institutions and to promote online and distance learning opportunities.

How does the TEACH Act relate to copyright law and fair use?

The TEACH (Technology Education and Copyright Harmonization) Act is a law that aims to balance copyright protection with the use of copyrighted materials in online education. It provides guidelines and limitations for the use of copyrighted materials in distance education settings, such as online courses and virtual classrooms. 

The TEACH Act is related to copyright law and fair use because it provides specific exceptions to copyright infringement for educational purposes. It outlines the conditions under which educators may use copyrighted materials without seeking permission from the copyright holder, such as limited portions of audiovisual works, performances, or displays. In doing so, it aims to promote the use of copyrighted materials for educational purposes, while still respecting the rights of copyright holders. 

The TEACH Act also includes requirements for digital security measures and limitations on the retention and distribution of copyrighted materials to prevent unauthorized access and piracy. These measures ensure that educators are using copyrighted materials in a way that is both legal and ethical. 

Overall, the TEACH Act is an important tool for educators to navigate the complex world of copyright law and fair use in the digital age. It provides clear guidelines and limitations to ensure that educators can effectively use copyrighted materials to enhance their instructional materials without violating copyright law.

A teacher posts a lesson she has created to Google Sites for anyone to view? This lesson contains a poem the teacher has taken from a book of poetry and directs students to analyze the poem in a specific way and explains how teachers can evaluate the analyses that students generate. Would this shared lesson be a violation according to the expectations established in the TEACH Act?

As an AI language model, I do not have personal opinions, but according to the TEACH Act, this shared lesson could potentially be a violation. The TEACH Act allows for the use of copyrighted material for educational purposes in certain circumstances, such as when the use is non-profit and limited in scope. However, there are specific guidelines that must be followed, such as using authorized copies and limiting access to students enrolled in the course. It is unclear if this shared lesson meets all of the requirements outlined in the TEACH Act, so it would be best for the teacher to consult a copyright expert or seek permission from the copyright owner before sharing the lesson.