Create 3 - Fair Use and TEACH Act

When teachers begin looking for materials to use with their class, they need to review the Fair Use and the TEACH Act.  These two allow us as educators to use copyrighted materials for educational purposes under guidelines.

Fair Use has a four guideline test to determine whether or not a use is fair.  The law says that at least four factors should be taken into consideration:
-the purpose and character of the use
-the nature of the work
-the amount of the work actually used
-the effect of the use on the potential market of the original work

 The TEACH Act is the Technology, Education and Copyright Harmonization Act. Fair use applies to anyone wanting to use material: while the TEACH Act applies specifically to educators.  These apply to public school educators or accredited nonprofit educational institutions. This Act allows for copyright exemptions only when the following criteria are met:
-institution must be accredited
-nonprofit education institution
-use must be part of mediated instructional activities
-the use must be limited to a specific number of students enrolled in a specific class
-the use must either be for 'live' or asynchronous class sessions,
-must not include the transmission of textbook materials that are "typically purchased or acquired by students
-works developed specifically for online use

 When an educator follows the guidelines of Fair Use and the TEACH Act, it is up to them to find the most useful resources available to them for their students.  As a teacher working with online students, I would make sure that I try to find useful and reliable educational material to help my students.


  

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