Open education resource instructional material made available under this subchapter may include content not owned by the state and for which preexisting rights may exist if the content:
(1) is in the public domain;
(2) may be used under a limitation or exception to copyright law, including a limitation under Section 107, Copyright Act of 1976 (17 U.S.C. § 107);
(3) has been made available by the copyright owner under a Creative Commons license or another intellectual property license that allows for free use, reuse, modification, or sharing as described by § 31.07101; or
(4) is licensed to the state under another license that:
(A) grants access to and allows for use of the material by students, teachers, educators, and other education professionals;
(B) permits access, use, public display, public performance, public distribution, and copying of the material for noncommercial or educational purposes; and
(C) is for a term of use acceptable to the commissioner to ensure a useful life of the material.