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What about posting other types of materials on my course page, such as performances and/or displays? Is that permissible?

Limitation on Exclusive Rights: Exemption of Certain Performances and Displays, 17 U.S.C. § 110(2), part of the TEACH Act, allows performances or displays of copyrighted material for distance education. Section 110(2) excludes from copyright infringement certain performances or displays that are part of transmitted mediated instructional activity, which may include course web pages. There are a considerable number of limitations and conditions that apply to the TEACH Act, which are detailed in the resources below. In particular, the TEACH Act only applies to performances or displays analogous to those in a live classroom. It does not apply to material that students typically purchase or acquire for their independent use and retention, such as textbooks or coursepacks. For further information about the TEACH Act in general, and its application to course management software specifically, see the resources below.

Guide to the TEACH Act:  Summarizes the TEACH Act and offers guidelines for the performance or display of electronic materials placed on course management software pursuant to the TEACH Act. Source: Office of Legal Affairs of the Board of Regents of the University System of Georgia.

TEACH Act Best Practices Using Blackboard: Explains the requirements of the TEACH Act and applies them to the use of copyrighted materials on Blackboard. Source: American Library Association.

The TEACH Act Finally Becomes Law: Discusses the limitations of the TEACH Act. Source: University of Texas System Office of General Counsel.

The TEACH Act: Offers a brief description of the TEACH Act's requirements and exclusions. Information is provided by the Copyright Clearance Center, a not-for-profit company based in Massachusetts, which serves as an intermediary between copyright holders and content users.


Prepared by Nanette Norton and Julienne Grant.

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