Copyright and Fair Use

The TEACH Act conditions / limitations for conversion of analog to digital The first condition is that there be no digital version of the work available to the institution.--that is, the digital version is "out of print."

If the institution owns a digital version — a second condition may be activated: if the available digital version is technologically protected in order to prevent TEACH-type uses, other ways may be found to make the material available. For the New DMCA Exceptions by the Librarian of Congress, 28 July 2010——see below

The TEACH Act Digitization Do's and Don'ts

• Do use reasonable and limited portions of audiovisual works
• Do use reasonable and limited portions of dramatic musical works
• Do use performances of any works that would be the same amount you use in your face-to-face classroom

Do NOT

• Do not digitize an entire literary dramatic work
• Do not digitize an entire musical dramatic work
• Do not retain digital copies past the class session

When can these digitized works be used?

By, at the direction of, or under the actual supervision of, an instructor--and--
• as an integral part of a class session
• as a part of systematic mediated instructional activities
• directly related and of material assistance to the teaching content

Rulemaking on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Materials

DCMA exemptions and the TEACH Act somewhat modified on 26 July 2010.  Librarian of Congress, July 2010 Complete Ruling. From an overview in American Libraries, September 2010

A 2006 exemption was significantly broadened; only film and media studies faculty had been allowed to circumvent digital rights management (DRM) software in order to create film-clip compilations for classroom and educational use. Now, the exemption also applies to students of media and film; as well as faculty from any subject discipline. The wording continues to emphasize fair use of short portions of motion pictures——it does not change the stipulations on length stated earlier in this page.

Also covered by the exemption are amateur filmmakers, who may now bypass DRM safeguards in order to incorporate an audio or visual excerpt of an artistic work in a new documentary or non-commercial work of cultural commentary.

The ruling also addressed fair use of materials on cell phones when owners change vendors and making e-reader materials available for the visually impaired.