D.E. and the T.E.A.C.H. Act

Legislation and Congressional Reports: This section includes links to the TEACH Act legislation itself as well as Congressional Reports on distance education.
Distance Education and Copyright: This section includes Websites that generally address copyright issues for the distance learning community.
TEACH Analysis: This section includes links to Web pages and print and subscription resources that offer analysis of the recently enacted Technology, Education, and Copyright Harmonization (TEACH) Act.
Other Bibliographies and Guides: This section includes links to Web pages that provide guidance for distance educators in the use of the Technology, Education, and Copyright Harmonization (TEACH) Act

CIP Site Suggestions
A note about Web sites and print and subscription resources: For Web sites, please report any broken links to cip@umuc.edu. For print and subscription resources, please contact your librarian for retrieval.

Legislation and Congressional Reports

Section 13301 of the 21st Century Department of Justice Appropriations Authorization Act, Public Law No. 107-273 (116 Stat. 1758, November 2, 2002): Text of the TEACH Act

Technology, Education and Copyright Harmonization Act of 2001, Report of the Senate Committee on the Judiciary, S. Rep. 107-031, 107th Congress, 1st session (2001): U.S. Senate Report on the TEACH Act

Technology, Education and Copyright Harmonization Act of 2001, Report of the House Committee on the Judiciary, HR Rep. 107-687, 107th Congress, 2nd Session (2002): U.S. House of Representatives Report on the TEACH Act
Report on Copyright and Digital Distance Education Report from the U.S. Copyright Office, May, 1999: Retrieved February 19, 2007, from http://www.copyright.gov/reports/de_rprt.pdf

Distance Education and Copyright

: Links to documents such as "Suggestions and Guidelines on Sample Language for Institutional Policies and Contract Language for Distance Education Issues" and "Statement on Distance Education". Retrieved March 7, 2001, from http://www.aaup.org/Issues/DistanceEd/deipdocs.htm

American Distance Education Consortium: Retrieved February 19, 2007, from http://www.adec.edu

Copyright Office Study on Distance Education: Includes the 1999 "Report on Copyright and Digital Distance Education" and a timeline beginning with the enactment of the Digital Millennium Copyright Act. Retrieved August 9, 2001, from http://lcweb.loc.gov/copyright/disted/

Copyright and Distance Education: Retrieved February 19, 2007, from the IUPUI Copyright Management Center at http://www.copyright.iupui.edu/dist_learning.htm
Copyright for Distance Education: Retrieved February 19, 2007, from Purdue University, University Copyright Office at http://www.lib.purdue.edu/uco/instruction/online/index.html
: White paper by Kenneth Salomon. Retrieved February 19, 2007, from http://www.aacc.nche.edu/Content/ContentGroups/White_Papers1/copyright.pdf
Distance Education Clearinghouse—Intellectual Property and Copyright: Retrieved February 19, 2007, from http://www.uwex.edu/disted/intprop.cfm

Educational Fair Use Guidelines for Distance Learning: From the University of Texas Office of General Counsel. Retrieved February 19, 2007, from http://www.utsystem.edu/ogc/intellectualProperty/distguid.htm
Electronic Mailing List: Digital-Copyright: A discussion forum for the analysis of topics such as copyright law and policy, technologies, and federal information law and policies that impact higher education, particularly digital distance education. Retrieved March 7, 2001, from http://www.umuc.edu/distance/odell/cip/listserv.shtml

The Power of the Internet for Learning: Moving from Promise to Practice: The final report of the Web-Based Education Commission (WBEC) was published on 19 December 2000. Senator Bob Kerrey (D. Neb.), Chairman, and Representative Johnny Isakson (R. Ga.), Vice-Chairman of the Web-Based Education Commission urge the new Administration and 107th Congress to make E-learning a centerpiece of the nation's education policy. Retrieved February 19, 2007, from http://www.ed.gov/offices/AC/WBEC/FinalReport/index.html
: Retrieved June 4, 2007, from http://roster.wcl.american.edu/cgi-bin/wa.exe?A0=PIJIP-COPYRIGHT&X=5D71B90996102E1081&Y=mpalmedo@wcl.american.edu

Technology Education and Copyright Harmonization Act (the TEACH Act): Actual text of the TEACH Act; see also Copyright Legislation 107th Congress. Retrieved March 7, 2001.
: American Library Association Washington Office’s Distance Education site. Provides a summary of the bill. Retrieved March 7, 2001, from http://www.ala.org/ala/washoff/woissues/copyrightb/
federallegislation/distanceed/distanceeducation.cfm

Analysis

Websites | Print and Subscription Resources

Web Resources

Ashley, C.L. (2004). The TEACH Act: Higher Education Challenges for Compliance. ECAR Bulletin, 13. Retrieved August 23, 2006 from http://www.educause.edu/ir/library/pdf/ERB0413.pdf

Crews, K.D. (2002). New copyright law for distance education: The meaning and importance of the TEACH Act. Retrieved August 23, 2006, from http://www.ala.org/ala/washoff/WOissues/copyrightb/distanceed/teachsummary.pdf
Downes, S., Babin, G., Belliveau, L., Blanchard, R., Levy, G., Bernard, P., Paquette, G., & Plourde, S. (2004, April 15). Distributed Digital Rights Management: The EduSource Approach to DRM. Proceedings of the First ODRL International Workshop Proceedings of the First International ODRL Workshop (Eds. Renato Iannella & Susanne Guth) 22–23 April, 2004, Vienna, Austria. Retrieved August 23, 2006, from http://odrl.net/workshop2004/paper/odrl-downes-paper.pdf

Gasaway, L.N. (1999). Distance learning and copyright: Is a solution in sight? CAUSE/EFFECT, 22, 3. Retrieved February 19, 2007, from http://www.educause.edu/ir/library/html/cem/cem99/cem9932.html
Gasaway, L.N. (2001). Balancing copyright concerns: The TEACH Act of 2001. Retrieved January 15, 2003, from http://www.educause.edu/ir/library/pdf/ERM01610.pdf

Harper, G. (2002). The TEACH Act finally becomes law. Retrieved January 15, 2003, from http://www.utsystem.edu/ogc/intellectualproperty/teachact.htm

Huber, J., Yeh. B. T. & Jeweler, R. (2006, July 6). Copyright Exemptions for Distance Education: 17 U.S.C. 110(2), the Technology, Education, and Copyright Harmonization Act of 2002.Retrieved August 23, 2006, from http://opencrs.cdt.org/rpts/RL33516_20060706.pdf

Johnson, L. (2006). Managing Intellectual Property for Distance Learning. EDUCAUSE Quarterly, 29, 2, 66-70.Retrieved August 23, 2006, from http://www.educause.edu/ir/library/pdf/EQM0628.pdf



Lin, N.H., Korba, L., Yee, G., Shih, T.K. and Lin, H.W. (2004) Security and privacy technologies for distance education applications. Advanced Information Networking and Applications, AINA 2004, 1, 580 – 585. Retrieved August 23, 2006 from http://ieeexplore.ieee.org/xpl/freeabs_all.jsp?arnumber=1283972

Lutzker, A.A. (2002). Distance education and the TEACH Act: Why higher education needs it and what it will do. Position Paper for Center for Intellectual Property's Seminar, Copyright Management in Higher Education: Ownership, Access and Control, University of Maryland University College, Adelphi, MD, April 4-5, 2002.
Sweeney, P.C. (2004). What Faculty Know About Designing Online Materials In Compliance With Current U.S. Copyright And Fair Use Laws. Retrieved August 23, 2006 from http://etd.fcla.edu/SF/SFE0000427/sweeneydiss.pdf
Welborn, A.A. (2005, May 11). Copyright Protection of Digital Television: The "Broadcast Flag”. Retrieved August 23, 2006, from http://www.cdt.org/righttoknow/crsreports/RS22106_20050511.pdf

Yau1, J. C.., Huil, L.C., Yiu1, S. & Cheung, B.S. (2006, Jan.) Towards a Secure Copyright Protection Infrastructure for e-Education Material: Principles Learned from Experience. International Journal of Network Security, 2(1), 21–28. Retrieved August 23, 2006 from http://ijns.nchu.edu.tw/contents/ijns-v2-n1/ijns-2006-v2-n1-p21-28.pdf

Print and Subscription Resources

Aliner, I. (2004).Copyright and the delivery of library services to distance learners. Internet Reference Services Quarterly, 9(3-4), 179-192 .

AlSaffar, J. (2006). Copyright Concerns in Online Education: What Students Need to Know. Journal of Library Administration, 45(1/2), 1-16.

Bonner, K.M. et. al. (2006). The Center for Intellectual Property Handbook. New York: Neal Schuman.

Burke, M.; Heron, S.J. (2004). Copyright issues and "for profit" libraries: Problems and solutions. Journal of Interlibrary Loan, Document Delivery & Information Supply, 14, 4, 5-21. Retrieved July 13, 2006, from Academic Search Premier/EBSCOhost database.

Kehoe, B.T. (2005, Winter). The TEACH Act's Eligibility Requirements: Good policy or a bad compromise. Brooklyn Law Review, 71, 1029. Retrieved June 4, 2007, from Lexis-Nexis Academic database.

Klein, M.W. (2005, April). "Sovereignty of reason:" An approach to sovereign immunity and copyright ownership of distance-education courses at public colleges and universities. Journal of Law & Education, 34, 2, 199-254. Retrieved July 13, 2006, from First Search LegalPeriodical /OCLC database.

Latourette, A. W. (2006). Copyright Implications for Online Distance Education. The Journal of College and University Law, 32, 613-654.

Lawhon, T., Ennis-Cole, D. & Lawhon, D.C. (2006, June-July). Copyright Laws and Fair Use in the Digital Era: Implications for Distance-Education Programs in Community Colleges. Community College Journal of Research and Practice, 30(5), 479- 483.

Lipinski, T.A. (2003, November). The climate of distance education in the 21st century: understanding and surviving the changes brought by the TEACH (Technology, Education, and Copyright Harmonization) Act of 2002. The Journal of Academic Librarianship, 29(6), 362-374. Retrieved June 4, 2007, from the Wilson Select Plus database.

Nemire, R.E. (2007, Winter). Intellectual property development and use for distance education courses: A review of law, organizations, and resources for faculty. College Teaching, 55(1), 26-30. Retrieved on June 4, 2007, from the Library, Information Science & Technology Abstracts database.

Todd, J. (2007). Student rights in online course materials: Rethinking the faculty/ university dynamic. Albany Law Journal of Science & Technology, 17, 311. Retrieved on June 4, 2007, from the Lexis-Nexis Academic database.

Other Bibliographies and Guides

TEACH Act Best Practices using Blackboard™. (n.d.): Retrieved August 23, 2006 from http://www.ala.org/ala/washoff/WOissues/copyrightb/distanceed/teachactbest.htm

TEACH Act Comparison Chart: By Laura N. Gasaway, November 25, 2002. Contrasts old Section 110(2) on instructional broadcasting with the new TEACH Act

University of Texas System TEACH Act Checklist: Comprehensive check list to see whether you are ready to use the TEACH Act

Current Issues and Resources index