Copyright and the TEACH Act

The copyright resources below are for informational purposes only, and aren't an endorsement of the legal positions of their authors. Copyright law is complex, involving not only federal legislation but also contract law, international treaties and various court decisions. Don't hesitate to contact a librarian for help finding royalty-free resources and requesting permission.

• Pima Board Copyright and Ownership Policies
• Copyright Infringement Penalties
• General Copyright Information on the Web
• The TEACH Act

Pima Board Copyright and Ownership Policies

1. Pima College requires faculty, staff and administrators to obey federal copyright law, as detailed in  Board of Governors Policy BP-2701. Employees may not copy materials not within the public domain and not allowed by fair use guidelines without permission from the copyright holder. An online brochure provides tips for faculty and staff in higher education. (A free copy of Adobe Acrobat Reader is required to view the booklet.)

Pima employees retain certain rights to works they create while working for the College; see Board of Governors Policy BP-2702 and RG-2702/A for details.

Copyright Infringement Penalties

U.S. copyright law protects "original works of authorship" regardless of their medium-including rights to copy books, periodicals, videotapes, films, sound recordings, web sites, courseware and computer software. The law also allows for a certain amount of "fair use" of intellectual property.

Penalties for copyright infringement range from $500 to $20,000 per occurrence, although courts can increase damages to $100,000 if the infringement is deemed willful. However, no statutory damages can be charged against employees of educational institutions acting within the scope of their jobs, if they can prove they had reasonable grounds for believing their copies fell under fair use.

General Copyright Information on the Web

• U.S. Copyright Office: Information on the basics of U.S. copyright law, a summary of the Digital Millennium Copyright Act and information on how to register a copyright.
• University of Maryland University College (UMUC) Center for Intellectual Property: Information and links on a variety of topics, including copyright basics and distance education; also includes resources on fair use and the Digital Millennium Copyright Act
• University of Texas Crash Course in Copyright: An overview of the most important features of copyright law including fair use and permissions
• Stanford University Copyright and Fair Use Center: Links to primary materials on copyright and fair use

The TEACH Act

In November 2002, the U.S. Congress passed the "Technology, Education, and Copyright Harmonization" (TEACH) Act. This revision to section 110(2) of U.S. copyright law:

• Expands the range of works that can be displayed digitally
• Removes previous constraints on location
• Allows institutions to record and retain copies of digital transmissions, even if they contain copyrighted content
• Allows institutions to digitize analog works

For more information on the TEACH Act and how it affects faculty involved with distance education on the web and other digital technologies, consult this site:

• North Carolina State University's TEACH Act Toolkit: Straightforward and practical guidance on both the TEACH Act and fair use; includes guidelines, checklists, a glossary and the TEACH Act's full text