“ 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. ”

“ 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 section 110 (2) . ”