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As previously discussed, the TEACH Act exception (§110(2)) of the Copyright Act is one of two options available for those wishing to post other people's copyrighted material online without their prior permission; that is, when lawfully transmitting the performance (movies, music, audiovisual works) or display (text, images, photographs, charts, etc.) of 3rd party copyrighted material without the prior permissions of the copyright holder. The other option for lawfully posting someone else's copyrighted material, without prior permission, is fair use. If you cannot qualify for either TEACH or fair use, permission from the copyright holder will be necessary.
In order to successfully fit within the TEACH Act exception, all of its requirements must be met. Meeting most of its requirements is insufficient and you should move on to a fair use analysis or obtain permission from the copyright holder. For example, it isn't enough to meet the access control requirement if you are unable or unwilling to also implement the downstream controls. It can be a challenge to keep track of all of the requisite elements, so the following tools may be of assistance.
The "Basic" Checklist is intended for those who are already familiar with the defined meaning of the terms in the requirements and simply need a reminder or method of ensuring that nothing is missed. The "Extended" Checklist is designed for those less familiar with the terms and implementation of TEACH Act requirements who would benefit from greater explanation.
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