First, I am going to have a file on my computer that I can reference in a hurry with the following on it:
- The purpose and character of the use
- The nature of the work
- The amount of the portion and substantial it is used in relation to the work as a whole
- The effect of the use on the market or potential market for the original work.
This Fair Use provision will be very helpful in locating resources to be used in French. I located an excellent form that can be used as a check-off list to help determine if material is eligible for Fair Use. The items could include art, poems, other written work, films, music and films. I would probably ask a colleague or supervisor for help in making a determination about films.
In all honesty, I still find the TEACH Act somewhat harder to assess. This is a place where, from my reading, it seems that someone(s) should be responsible in the organization for determining, at least for categories, what items could be used. It seems that there is a heavy load placed on the administration for making determinations for the organization as a whole. I do not think often about this happening, but I do not want to be sitting at a defense table in court defending my actions.
This Act was an excellent decision to free up use of legitimately educational material. The provisions of this Act became a necessity in light of the growth in virtual education or distance learning. Now students can be anywhere and benefit from the materials that have been made available. Teachers are able to enrich the curriculum to new levels. Everyone benefits.