Create 3.1.2 Fair Use and the TEACH Act Quest

As discussed throughout this quest, Fair Use and the TEACH act allow educators to use copyrighted material for educational purposes. Referring to the checklist and resources provided, determine how this information may be applied in an online classroom. In your respective blog, discuss the following:

• How does an understanding of Fair Use affect one’s role as an online instructor?

• How do Fair Use and the TEACH Act correlate to the delivery of reliable content?
  

A teacher may not use a work just because the work is being used for educational purposes. The following four factors of Fair Use must be considered and met prior to using materials with students:

1. The purpose and character of the use
2. The nature of the work
3. The amount and substantiality of the portion used in relation to the work as a whole
4. The effect of the use on the market or potential market for the original work

It is not enough that the material is being used for education and an entire work cannot be copied and distributed to students. Portions of works can be used if they meet the four criteria and if the originator is cited. Fair Use applies to the general public, including teachers, while the Technology, Education and Copyright Harmonization Act (TEACH) applies specifically to educators. 

Without Fair Use  and the TEACH Act, we would not be able to use resources otherwise unavailable to us.

A best practice would be to use creative commons materials whenever possible. If a teacher meets the criteria set forth by TEACH as stated below, then they may use cited materials with students in their current classes:

• The institution must be an accredited, non-profit educational institution.
• The 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.
• The use must not include the transmission of textbook materials, materials “typically purchased or acquired by students,” or works developed specifically for online uses.