In the context of digital transmissions, “mediated instructional activities” refers to activities that use the work as an integral part of the class experience that are controlled by or under the supervision of the instructor, and which are analogous to the type of performance or display that takes place in a live classroom. In other words, if you would not use the work in face-to-face teaching, do not transmit it digitally. Furthermore, you cannot transmit textbooks, course packs, or other materials that are typically purchased or acquired by students.
- The performance or display is directly related to and of material assistance to the teaching.
- The transmission is limited to students enrolled in the course for which the transmission is made, or to governmental employees as part of their official duties or employment.
- The transmitting body (a school, for example) must institute copyright policies that provide some measure of guidance to its faculty, students, and staff that describe and promote compliance with U.S. copyright law. Furthermore, the institution must notify students that the materials transmitted may be subject to copyright protection.
- If a work is transmitted digitally, the institution must apply technological measures that prevent those who receive it from retaining the work beyond the time the class is in session. The institution also must make sure that the work is not further disseminated. In addition, it must not do anything that interferes with technological measures a copyright owner uses to prevent permanent retention or further unauthorized dissemination.
Congress made it clear that there must be some institutional controls. First, materials that are stored on systems or networks cannot be accessible to anyone other than anticipated recipients. Not only must you have a secure network, but you must also ensure that no one other than the intended recipients can access the information transmitted. Second, copies cannot reside on networks any longer than is necessary to facilitate the transmissions.
There are other provisions of the TEACH Act that may be of interest, such as the provisions permitting the making of a temporary (“ephemeral”) copy of a work in order to transmit it, and permitting the conversion of a print or other analog work to digital format if a digital version of the work is not available to the institution, or, if a digital version is available, it is
