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Ephemeral Recordings

The main provision of the TEACH Act—17 U.S.C. § 110(2)—covers only the performance or display of a copyrighted work. However, sometimes in order to make a TEACH Act performance or display, a user needs to make a reproduction of the copyrighted work. Luckily, there is a companion provision in copyright law—17 U.S.C. § 112(f)—which allows for the reproduction of a digital work (and in certain circumstances an analog work) in order to make a TEACH Act performance or display as long as:

  1. the copy is retained and used solely by the transmitting organization (BYU);
  2. no further copies are made or distributed; and
  3. the copy is used solely for transmissions authorized under the TEACH Act.