[ktsmith]

> Your logic is flawed here. TPT is selling lesson plans and live teaching materials, not books.

I think the reverse is true here. An individual plan isn't that different from a compilation of plans. The rules of copyright still apply and the teaching exception does not apply as distribution (for sale no less, though there are free plans on TPT) is not exempted.

Including a reference to the source doesn't remove the liability of distributing/selling a copyrighted work which the distributor doesn't have a license for.

> Like I said, TPT could be saved via DMCA, and the teachers are the ones that could be sued. The teachers would then be protected by the teaching exception. My point was that the lawsuit is not an obvious winner.

I stated this elsewhere but the teaching exception doesn't cover copying or distributing a work to other teachers or for sale. It provides an exception for the purposes of teaching face to face or in the case of an online course, electronically to a registered student.