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."