Navigating Copyright, Fair Use, and the TEACH Act in Higher Education

In a recent article published by the Rochester Business Journal, Harter Secrest & Emery attorneys Jodi Reynolds and Alexander Kaczmarek delve into the intricate landscape of copyright, fair use, and the TEACH Act within higher education, especially in online learning. They caution against oversimplifying the use of copyrighted materials in teaching as fair use, emphasizing the risks of copyright infringement for professors and institutions. Reynolds and Kaczmarek outline fair use factors, focusing on transformative use and potential harm to the market for educational works. The authors briefly mention historical guidelines for educational use and introduce the TEACH Act, acknowledging its varying interpretations and challenges in implementation. They stress the need for understanding these complexities to enable effective policy development, ensuring compliance and allowing educators to concentrate on delivering quality online education.

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