Section 110(2) of the U.S. Copyright Act, known as the TEACH Act , or the "Technology, Education and Copyright Harmonization Act" of 2002, was enacted specifically to address the use of copyrighted materials in distance education or any other transmission of copyrighted materials.(i.e., materials posted on a server in connection with a traditional course). To be used certain policy requirements must be met:
The TEACH Act does not apply to materials that are for students' independent use and retention. The law specifies that transmitted works should not be able to be downloaded or have copies made by students for later reference , and that they should only be available for a specified period of time. Commercially available educational materials are also not covered by the TEACH Act; this would include the scanning and uploading of book chapters in lieu of having students purchase the item. Materials that are specifically marketed for classroom use for distance education are also not covered by the TEACH Act.
Copyrighted materials that are covered by the TEACH Act include: