Expanded TEACH Act Checklist

Generally:

1. Is the work a digital educational work, i.e., a work produced or marketed primarily for performance/display as part of mediated instructional activities transmitted via digital networks?

No: Proceed

Yes: evaluate Fair Use, Permissions, or pursue Licensing

2. Is the work lawfully made and acquired?

Yes: Proceed

No: Stop

Don't Know: Would a reasonable evaluation indicate the origin of the work to be questionable? If so, stop.

3. Is the work

* An integral part of the class session?

* Part of systematic mediated instructional activities?

* Directly related and of material assistance to the teaching content?

Yes: Proceed

No: Reevaluate use of the work or evaluate Fair Use, Permissions, or pursue Licensing.

Specifically:

4. Amounts allowed:

* Nondramatic literary works: All

* Nondramatic musical works: All

* Any other works:

 

Performances – Reasonable portions in an amount comparable to that performed in live classroom

 

Displays – Amount comparable to that performed in live classroom

Yes: Proceed

No: Stop; go evaluate Fair Use ,Permissions, or pursue Licensing

C. Authentication

Is transmission of the work limited, as technically feasible, to students enrolled in the course?

Yes: Proceed

No: Stop; evaluate Fair Use ,Permissions, or pursue Licensing

D. Downstream Controls

 

* Have you implemented reasonable measures to prevent retention of the works for longer than the class session?

 

* Have you implemented reasonable measure to prevent unauthorized further dissemination in accessible form by the recipients?

Yes: Proceed

No: Stop; evaluate Fair Use ,Permissions, or pursue Licensing

E. Conversion: Analog to Digital Is there a digital version of the work available to the institution?

No: Conversion of analog to digital permitted

Yes: Is the digital version technologically protected to prevent TEACH uses?

Yes: Conversion of analog to digital permitted

No: Conversion of analog to digital not permitted

F. Notice to Students

Is there a notice accompanying the work notifying students that the work may be protected by copyright?

Yes: Proceed

No: Provide a statement.