Doesn't the TEACH Act eliminate the need for a fair use analysis with regard to distance education?

No. The TEACH Act, the recent distance education update to the performance and display restrictions in copyright law, is not intended to limit or change the scope of fair use. In fact, fair use will continue to play a role in distance learning because it applies to the many distance education transmissions not covered by the TEACH Act. (To access MnSCU's Frequently Asked Questions about the TEACH Act, click here.)