--- Forwarded Message from Joseph Kautz <[log in to unmask]> ---

>Date: Thu, 10 Oct 2002 09:24:14 -0700 (PDT)
>From: Joseph Kautz <[log in to unmask]>
>To: LLTI-Editor <[log in to unmask]>
>Subject: Clarification of new copyright law's requirements for  Academic Computing, faculty, and students



Information on The Technology, Education and Copyright Harmonization
(TEACH)

Ken Crews, has written and article that lays out in detail, what can be copied,
what institutions must do to take advantage of the law, etc.

The article can be found at http://www.ala.org/washoff/teach.html

Some excerpts:

Duties of Institutional Policymakers
1.  The benefits of the TEACH Act apply only to a "government body or an
accredited nonprofit educational institution."

2. The educational institution must "institute policies regarding
copyright," although the language does not detail the content of those
policies. . .formal policymaking might be preferable, but informal
procedural standards that effectively guide relevant activities may well
satisfy the statutory requirement. In any event, proper authorities within
the educational institution need to take deliberate and concerted action.

3. The institution must "provide informational materials" regarding
copyright, and in this instance the language specifies that the materials
must "accurately describe, and promote compliance with, the laws of United
States relating to copyright." These materials must be provided to
"faculty, students, and relevant staff members."

4. In addition to the general distribution of informational materials, the
statute further specifies that the institution must provide "notice to
students that materials used in connection with the course may be subject
to copyright protection."

5. Enrolled students. The transmission of content must be made "solely for
. . . students officially enrolled in the course for which the transmission
is made."

Duties of Information Technology Officials
1. Limited access to enrolled students.

2. Technological controls on storage and dissemination.

3. If the content transmitted through "digital transmissions" includes
restrictive codes or other embedded "management systems" to regulate
storage or dissemination of the works, the institution may not "engage in
conduct that could reasonably be expected to interfere with [such]
technological measures."

4. Limited temporary retention of copies. . . . the institution may not
store or maintain the material on a system or network where it may be
accessed by anyone other than the "anticipated recipients."

5. Limited long-term retention of copies.