Holly Denney
OMDE 614 - 9040
Assignment 4
November 29, 2001
Analysis of the TEACH Act
Strengths
The TEACH Act is an effort to provide more equitable access for designated
institutionsthat are using digital transmission
for teaching and learning. Specifically:
· The phrase 'mediated instructional activities' extends the definition
of "classroom" to allow for digital transmission (110(2)).
· Exempts transmitting institution from liability for infringement for
"transient or temporary storage of material [from] the automatic technical
process of a digital transmission" as long as the material is access protected
and removed from the system or network once transmission is completed. (third
explanatory paragraph following 110(2)(D)(ii)(II))
· Allows for digital version to be made from a print or analog version
if a digital version is not available or if the digital version is technologically
protected. (112(f)(2)(A) and 112(f)(2)(B)).
Weaknesses
The TEACH Act contains clauses that appear to be an attempt to constrain the
designated institutions' to uses that more closely resemble traditional classroom
instruction:
· Language that may restrict asynchronous uses:
o "controlled by or under the actual supervision of the instructor." (explanatory paragraph following 110(2)(D)(ii)(II))
o material be "maintained [no] longer than is reasonably necessary." (third explanatory paragraph following 110(2)(D)(ii)(II))
· Requirements that might limit or restrict use by institutions that cannot afford the highest level of technological protection:
o Changes definition in 110(2)(C) from "made primarily for" to "made solely for" with caveat of "to the extent technologically feasible."
o Adds requirement that digital transmitter "applies technological measures that reasonably prevent retention and further dissemination." (110(2)(D)(ii)(aa) and 110(2)(D)(ii)(bb))
The TEACH Act has several notable distinctions in its treatment of digital
transmission:
· Adds "accredited" to "nonprofit educational institution."
(110)(2))
· Adds requirement that transmitting institution institute policies on,
provide information on, and promote compliance with copyright. (110(2)(d)(i))
· Does not provide for an archival copy as do the other permitted uses
of analog materials within 112. (e.g., 112(a)(1)(C))
1Includes accredited non-profit educational
institutions and governmental bodies. See also "Weaknesses."