Applying the TEACH Act

(adapted from: http://president.georgiasouthern.edu/legal/services/copyright-compliance/teach-act-checklist/)

1. Is the work in the public domain, produced before 1923, or an off-air recording?
   • Yes:
     • Apply Fair Use to select clips
     • Schedule a consultation
   • No:
     • Proceed to #2
2. Is the work a legal copy?
   • Yes:
     • Proceed to #3
   • No:
     • Purchase a legal copy
     • Proceed to #3
3. Is the work in a legal online database?
   • Yes:
     • Link directly to content from within your GeorgiaView course site
   • No:
     • Purchase a legal copy
     • Proceed to #4
4. Was the work originally developed for use in instructional activities transmitted via a digital network (e.g., online course)?
   • Yes:
     • Seek permissions or licensing
     • Schedule a consultation
   • No:
     • Proceed to #5
5. If the work is on VHS, is there a digital version (DVD or other) available?
   • Yes:
     • Digitizing not permitted
     • Purchase legal copy
     • Proceed to #6
   • No:
     • Digitizing permitted
     • Apply Fair Use
     • Apply General Rules below
     • Schedule a consultation
6. Is the work integral to instruction?
   • Yes:
     • Proceed to #7
   • No:
     • Reevaluate use OR
     • Apply Fair Use
     • Seek Permission or Licensing
     • Proceed to #7
7. Is the material a dramatic work (movies, music, images, etc.)?
   • Yes:
     • Only a limited and reasonable portion is allowed or seek Permission or Licensing
     • Apply General Rules below
     • Schedule a consultation
   • No:
     • Entire work can be digitized
     • Schedule a consultation

General Rules for Using Digitized Materials:

• With the exception of nondramatic literary and musical works (i.e., anything that’s not audiovisual), you cannot digitize an entire work.
• Content must be available via GeorgiaView so only registered students in the course can access it. You cannot post on your personal or non-GeorgiaView course site.
• Content should be streamed whenever possible.
• A standard copyright notice should be included under or next to the link (Sample: “This content is only for the use of students in the course for purposes associated with the course and may not be retained or further disseminated.”)
• Content should be posted in a way that prevents unauthorized further dissemination.
• When in doubt, seek permission!