How many times may I use copyrighted materials covered by the TEACH Act before I have to request permission from the copyright owner?
The TEACH Act is not an application of “fair use” with its restrictions on any continued reuse of the same materials. Instead, it is a version of the exemption for public performance in the classroom rules. Just as the public performance exemption does not require that a professor (or institution) destroy the slides made for presentation in class (or copies of movies or other content made for display in class), the TEACH Act also does not require such an action. Thus, in view of how the underlying public performance in a classroom exemption is applied, it is permissible to retain a digital e-archive of TEACH Act materials which can be reused in TEACH Act applications indefinitely without need for authorization or payment of royalties. Of course, these provisions apply only if the digital copies are made from a legally obtained copy of the work, such as a DVD owned by a faculty member. This would naturally exclude rented videos, or a video file illegally downloaded off a peer-to-peer si
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