The main provision of the TEACH Act—17 U.S.C. § 110(2)—covers 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:
- the copy is retained and used solely by BYU;
- no further copies are made or distributed; and
- the copy is used solely for transmissions authorized under the TEACH Act.