ORS 337.524
Exceptions to requirement to provide electronic format
(1)
Nothing in ORS 337.511 (Definitions for ORS 337.511 to 337.524) to 337.524 (Exceptions to requirement to provide electronic format) authorizes any use of instructional materials, or requires a publisher to perform any act, that would constitute an infringement of copyright under the Copyright Act of 1976, 17 U.S.C. 101 et seq.(2)
Notwithstanding ORS 337.511 (Definitions for ORS 337.511 to 337.524), 337.514 (Purpose of ORS 337.511 to 337.524), 337.517 (Instructional material in electronic format) or 337.521 (Higher Education Coordinating Commission powers and duties), a publisher is not required to provide an electronic format of the instructional material pursuant to ORS 337.517 (Instructional material in electronic format) if the publisher has commercially published or manufactured a version of the product that is accessible to students with print disabilities, or if the publisher has the capacity and offers to sell an electronic format of the instructional material directly to the student in a timely manner at the same cost as the commercially available material.(3)
Notwithstanding ORS 337.511 (Definitions for ORS 337.511 to 337.524), 337.514 (Purpose of ORS 337.511 to 337.524), 337.517 (Instructional material in electronic format) or 337.521 (Higher Education Coordinating Commission powers and duties), a publisher is not required to provide an electronic format of the instructional material pursuant to ORS 337.517 (Instructional material in electronic format) if the publisher has not previously produced a digital version of the fully edited and typeset instructional material, such as in the case of a work produced through a method that does not require the creation of a digital file.(4)
A post-secondary education institution that has obtained an electronic format from a publisher pursuant to ORS 337.517 (Instructional material in electronic format) may not duplicate the electronic format, or specialized format produced therefrom, to enable use by one or more additional students, or obtain the electronic format, or specialized format produced therefrom, from another institution or particular campus of the institution unless, for each additional student for whom a specialized format is sought, the campus of the institution where the additional student is enrolled provides the publisher with a written request as described in ORS 337.517 (Instructional material in electronic format). [2007 c.466 §5]
Source:
Section 337.524 — Exceptions to requirement to provide electronic format, https://www.oregonlegislature.gov/bills_laws/ors/ors337.html.
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