(a) Instructional material is licensed to this state under an intellectual property license that allows for free use, reuse, modification, or sharing with others if the license:
(1) is irrevocable and perpetual;
(2) permits the state to sublicense the material;
(3) authorizes the use of the material by any person in any location permitted by the terms of the original license, if applicable;
(4) authorizes access, use, transmission, adaptation, public display, public performance, public distribution, and copying of the material; and
(5) authorizes the creation of derivative works as permitted by the terms of the original license, if applicable.
(b) Instructional material licensed to this state under an intellectual property license that is restricted to noncommercial or educational use qualifies under this subchapter as instructional material licensed to this state under a license that allows for free use, reuse, modification, or sharing with others.