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Copyright Center
Revised: August 15, 2004Copyright Law at Linn-Benton Community College
Purpose: This website concerns copyright law and particularly recent changes that have serious implications for the use of instructional technology resources in LBCC's distance learning programs, its distributed applications, and traditional face to face classroom instruction. Congress incorporated new legislation in The Teach Act as part of existing Copyright Law. At the present time there is confusion about what it permits and what is restricted. The language is simultaneously specific and vague. What is clear is that it presents an opportunity to increase digital access to instructional materials for faculty and students when institutions follow its guidelines and provisions. While there is a wealth of interpretation to draw from for guidance, legal precedence has not yet clarified the laws and given precedence as to correct practice. Consequently, any interpretation will have to be a continuing 'work in progress'.
Background: On November 2nd, 2002, the 'Technology, Education and Copyright Harmonization Act' (the TEACH Act), part of the larger Justice Reauthorization legislation (H.R. 2215), was signed into law by the President. The TEACH Act redefines the terms and conditions on which accredited, nonprofit educational institutions may use copyright protected materials in distance education. To a great extent this instructional use of information on websites and by other digital means such as educational television can be used without permission from the copyright owner or the payment of royalties. Generally speaking, it extends and expands existing copyright practices in traditional face to face teaching to the electronic classroom.
The new law offers many improvements over the previous version of Section 110 (which covers the limitations of exclusive rights) but in order to enjoy its advantages, colleges, universities, and other qualified educational institutions will need to meet the law's rigorous requirements. The law calls on each educational institution to undertake numerous procedures and involve the active participation of college staff.
A more complete discussion of specific requirements for compliance can be found on this website by clicking the links to the left of this page.