Skip to Main Content

Copyright

Expanded Copyright Law

Copyright Act, 1976

The Copyright Act of 1976 was passed in order to accommodate for technological innovations and changes since the previous 1909 statute.  Although amendments have been made, it is the primary basis for copyright law today.  The Act covers the rights of the copyright holder and offers guidelines of Fair Use for users of copyrighted material.  For the text of the act and more information about it see the United States Copyright Office website. 

1989 Berne Convention

The Berne Convention added the agreement to the 1976 Copyright Law that materials did not require the © symbol on the document to be protected by copyright. All documents should be assumed as copyrighted until evidence to the contrary is located.

Digital Millennium Copyright Acts (DMCA)

The Digital Millennium Copyright Act (DMCA) implemented the World Intellectual Property Organization (WIPO) Internet Treaties; it established safe harbors for online services providers; permitted temporary copies of programs during computer maintenance, and made miscellaneous amendments to the Copyright Act, including amendments which facilitated Internet broadcasting.  Among the most controversial provisions of the DMCA is Section 1201.  For information on the DMCA, see the American Libraries Association's summary page.

Technology in Education and Copyright Harmonization Act (TEACH Act)

Technology in Education and Copyright Harmonization Act (TEACH) updates copyright law and specifically transmission of performances and displays of copyrighted materials in distance education.  However, it has a broader scope than just distance education.  The TEACH Act does not limit or otherwise alter the scope of the fair use doctrine.  The TEACH Act requires adherence to the following guidelines:

·        The institution must be an accredited Nonprofit Educational Institution or Governmental Body;

·        The institution must post its copyright policy which specifies the standards that educators and others will follow when incorporating copyrighted works into distance education;

·        Within a Course Management System (CMS), copyrighted materials used for a course must be print disabled and download disabled;

·        Access to course materials must be limited to students who are formally enrolled in the course and be available only for the duration of the course.

Further information on the TEACH Act is available at the ALA (American Library Association) TEACH Act Web site.  Also, consult the TEACH Act Toolkit provided by North Carolina State University.