Instructional materials in electronic format

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    (a)    On the request of an eligible blind or print disabled student, the Library shall request that a publisher that offers for sale electronic or print instructional materials used by students enrolled in institutions of higher education in the State provide the instructional materials to the Library in an electronic format.

    (b)    Except as otherwise provided in this subtitle, on or after January 1, 2008, on the receipt of a request under subsection (a) of this section, a publisher shall have 15 business days from the date of the request to:

        (1)    Provide the requested instructional materials in an electronic format; or

        (2)    Provide the reason that an electronic format cannot be provided within 15 business days.

    (c)    Except as provided in subsection (d) of this section, if a publisher responds under subsection (b)(2) of this section that an electronic format cannot be provided within 15 business days, the publisher shall indicate to the Library:

        (1)    When the instructional materials will be provided in an electronic format; or

        (2)    The specific reason, consistent with the guidelines established under § 11–902(g) of this subtitle, why the instructional materials may not be provided to the Library within the required time frame.

    (d)    A publisher is not required to provide instructional materials in an electronic format if the instructional materials were:

        (1)    Generated by faculty; or

        (2)    Copyrighted before July 1, 2004.


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