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-The DMCA specifically states that nothing in it is meant to affect the limitations on copyright owners, including Fair Use.(The UCLA Online Institute for Cyberspace Law and Policy 2001)
The TEACH Act was passed in 2002. It is an acronym standing for the “Technology Education and Copyright Harmonization” Act. (U.S. Government 2001) Its purpose was to balance the rights of digital technology creators (such as those creating digital products that could be used in online education) with the rights of educators. While it may or may not actually do so, it was finalized with a list of requirements so stringent that many universities decided to use Fair Use instead of TEACH to legally justify their online teaching activities.
A partial list of TEACH Act requirements includes:
-the college or university must educate all of its members on copyright law.
-The college or university must ensure that only items “legally acquired” are being used in its online education.
-Only students may have access to the material, and only during the lesson in which it is needed.
-All items must be directly related to and important for the class instruction. Course readings are not covered by the TEACH Act.
-Many more requirements may be read at the TEACH Act checklist provided by Colorado University (Colorado University 2004)
The most useful provision of the TEACH Act (once an institution has met all of the requirements) is that an entire non-dramatic film (such as a documentary) may be shown to students in an online class. While some institutions interpret Fair Use and §110 to allow such use, it is controversial.
Proposed laws (or bills) submitted to the House and the Senate may be found on THOMAS, an online repository of congressional actions. (External Link)
In the middle of the first THOMAS page, there is a box titled “Legislation in Current Congress.” You may search the bill summary and status by “word/phrase” or by “bill number.” The simplest option is to type “copyright” into the search box and press enter; it’s pre-set onto word/phrase searching. The resulting list can be anywhere from a few bills to over a hundred. The first line, immediately following the bill number, will be the name or title of the bill. If you find it interesting, click on it to read more.
Online searches of the US Code for the words “Fair Use” quickly find Title 17, Section 107. Fair Use, despite what Jack Valenti said, is in the law.
Glossary, Chapter 4 (Scenarios are not provided for this chapter).
Act: Legislation passed by the House and the Senate
Proposed Bill: legislation submitted to the House and/or the Senate.
Circuit Court: The Federal Courts of Appeals are divided into 12 regional circuits. As copyright is a matter of Federal law, cases involving copyright are heard in the circuit courts.
DMCA: Digital Millennium Copyright Act
TEACH Act: Technology Education and Copyright Harmonization
Title: A chapter within the US Code
US Code (or USC): “The law of the land,” or the law of the United States.
Bibliography
Chapter 4: Copyright Law.
Colorado University. "The TEACH Act Checklist." 2010, (External Link) .
Samuelson, Pamela. "Preliminary Thoughts on Copyright Reform." Utah Law Review 551, (2007): 2011.
Slater, Derek. "Valenti's Views." Harvard Political Review, Apr 10, 2003.
Sross Public Policy. "List of Copyright Case Law." 2010, (External Link) .
The UCLA Online Institute for Cyberspace Law and Policy. "The Digital Millennium Copyright Act (Summary)." 2010, (External Link) .
Digital Millennium Copyright Act, (1998).
Technology Education and Copyright Harmonization Act (TEACH), (2001).
U.S. Code Title 17: Copyright.
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