Create 3 - Fair Use and TEACH Act

Answer: How might an online or blended classroom teacher use Fair Use when gathering resources for educational purposes? What observations have you made about Fair Use and the TEACH Act and how has it changed your approach to finding reliable content for your students?

Creating original content for a traditional classroom is certainly time consuming. Creating digital content that addresses the needs of learners in a blended or totally online environment: even more difficult. Like teachers in the traditional classroom, online teachers may utilize content or resources that they find online. Unless these resources are public domain or have a CC license with few restrictions, teachers must consider whether Fair Use would apply before sharing the content or implementing the resource.

The requirements for Fair Use deal with
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

The TEACH Act stipulates that copyright exceptions are only granted if

• The institution must be an accredited, nonprofit education 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.

Examples of where Fair Use and TEACH Act come into play:

As a traditional or online teacher, I may need to share information from a text or online text. I can share a short section of the text, but I cannot copy or electronically distribute the entire text or etext. I could only share than selection with a specific number of students in that class, not the entire internet. And the work must be used in live class sessions or asynchronous learning.

Throughout this module I've seen the best way to avoid subjecting yourself and your students to copyright infringement is to begin by searching for content and resources that are public domain or that have a CC license that allows for noncommercial use (and preferably modification) without permission. Knowing how to effectively use Google or other search tools makes this task much easier and makes for a best practice. When pre-created content and resources that fit in the previously mentioned categories are not available, the teacher must decide whether other available copyrighted resources may be subject to Fair Use/TEACH act or whether he or she is going to have to author their own content or resource.