The following is is part of the TEACH Act and changes Section 112
of Title 17 of the US Code. It is an excerpt from H.R. 2215*.
SEC. 13301. EDUCATIONAL USE COPYRIGHT EXEMPTION.
(c) EPHEMERAL RECORDINGS-
(1) IN GENERAL- Section 112 of title 17, United States Code, is amended--
(A) by redesignating subsection (f) as subsection (g); and
(B) by inserting after subsection (e) the following:
`(f)(1) Notwithstanding the provisions of section 106, and without limiting
the application of subsection (b), it is not an infringement of copyright
for a governmental body or other nonprofit educational institution entitled
under section 110(2) to transmit a performance or display to make copies
or phonorecords of a work that is in digital form and, solely to the extent
permitted in paragraph (2), of a work that is in analog form, embodying
the performance or display to be used for making transmissions authorized
under section 110(2), if--
`(A) such copies or phonorecords are retained and used solely by the body
or institution that made them, and no further copies or phonorecords are
reproduced from them, except as authorized under section 110(2); and
`(B) such copies or phonorecords are used solely for transmissions authorized
under section 110(2).
`(2) This subsection does not authorize the conversion of print or other
analog versions of works into digital formats, except that such conversion
is permitted hereunder, only with respect to the amount of such works
authorized to be performed or displayed under section 110(2), if--
`(A) no digital version of the work is available to the institution; or
`(B) the digital version of the work that is available to the institution
is subject to technological protection measures that prevent its use for
(2) TECHNICAL AND CONFORMING AMENDMENT- Section 802(c) of title 17, United
States Code, is amended in the third sentence by striking `section 112(f)'
and inserting `section 112(g)'.
*H.R.2215, 21st Century Department of Justice Appropriations Authorization
Act (Enrolled as Agreed to or Passed by Both House and Senate)
May 15, 2003 1:00 AM