As an online educator for UC Berkeley Extension Online, I have been particularly interested in the implications of the TEACH Act (Technology, Education and Copyright Harmonization Act) that was signed into law by the Shrub on November 2, 2002.
Unfortunately, after reading a report by Kenneth D. Crews for the American Library Association on the subject, it would appear that the TEACH Act’s provisions will only further complicate the entire distance learning situation more than anything else. The Act’s provisions certainly don’t do anything to simplify the process of determining if a particular use of a copyrighted work is allowable within a specific educational setting, which was its supposed intention.
I think the American Library Association‘s conclusion to its report says it better than anything else:
Conclusion
The TEACH Act is an opportunity, but it is also a responsibility. The new law is a benefit, but also a burden. Implementing the law and enjoying its benefits will be possible only with concerted action by many parties within the educational institution. Because of the numerous conditions, and the limitations on permitted activities, many uses of copyrighted works that may be desirable or essential for distance education may simply be barred under the terms of the TEACH Act. Educators should seek to implement the TEACH Act, but they should also be prepared for exploring alternatives when the new law does not yield a satisfactory result. Among those alternatives: