(2) by adding at the end the following:

`In paragraph (2), the term `mediated instructional activities' with respect to the performance or display of a work by digital
transmission under this section refers to activities that use such work as an integral part of the class experience, controlled by or
under the actual supervision of the instructor and analogous to the type of performance or display that would take place in a
live classroom setting. The term does not refer to activities that use, in 1 or more class sessions of a single course, such works as
textbooks, course packs, or other material in any media, copies or phonorecords of which are typically purchased or acquired by
the students in higher education for their independent use and retention or are typically purchased or acquired for elementary
and secondary students for their possession and independent use.

`For purposes of paragraph (2), accreditation--

`(A) with respect to an institution providing post-secondary education, shall be as determined by a regional or national
accrediting agency recognized by the Council on Higher Education Accreditation or the United States Department of
Education; and

`(B) with respect to an institution providing elementary or secondary education, shall be as recognized by the applicable
state certification or licensing procedures.

`For purposes of paragraph (2), no governmental body or accredited nonprofit educational institution shall be liable for
infringement by reason of the transient or temporary storage of material carried out through the automatic technical process of
a digital transmission of the performance or display of that material as authorized under paragraph (2). No such material stored
on the system or network controlled or operated by the transmitting body or institution under this paragraph shall be
maintained on such system or network in a manner ordinarily accessible to anyone other than anticipated recipients. No such
copy shall be maintained on the system or network in a manner ordinarily accessible to such anticipated recipients for a longer
period than is reasonably necessary to facilitate the transmissions for which it was made.'.

 

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