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Martin O'Malley, Governor Ch. 317
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(1) STATES THAT THE STUDENT REQUESTING AND USING THE
ELECTRONIC FORMAT OF THE INSTRUCTIONAL MATERIAL PROVIDED BY THE
PUBLISHER WILL USE THE MATERIAL SOLELY FOR THE STUDENT'S PERSONAL
EDUCATIONAL USE;
(2) STATES THAT THE STUDENT HAS AGREED NOT TO COPY,
DUPLICATE, OR DISTRIBUTE THE ELECTRONIC COPY OF THE INSTRUCTIONAL
MATERIAL FOR USE BY OTHER INDIVIDUALS; AND
(3) IS SIGNED BY THE STUDENT REQUESTING AND USING THE
ELECTRONIC COPY.
(F) (1) IF THE LIBRARY OR AN INSTITUTION PERMITS A STUDENT TO
DIRECTLY USE THE ELECTRONIC FORMAT OF THE INSTRUCTIONAL MATERIAL,
THE LIBRARY OR INSTITUTION SHALL TAKE THE FOLLOWING STEPS TO
PROTECT THE ELECTRONIC COPY FROM DUPLICATION AND DISTRIBUTION IN
VIOLATION OF THE COPYRIGHT REVISIONS ACT OF 1976:
(I) THE DISK OR FILE SHALL BE COPY-PROTECTED OR
CONTAIN OTHER REASONABLE SECURITY MEASURES; AND
(II) THE LIBRARY OR INSTITUTION SHALL REQUIRE A
STUDENT USING THE ELECTRONIC COPY TO SIGN THE AGREEMENT UNDER
SUBSECTION (E) OF THIS SECTION.
(2) AN INSTITUTION MAY NOT MAKE THE ELECTRONIC FORMAT
OF THE INSTRUCTIONAL MATERIAL AVAILABLE ON A SERVER UNLESS THE
FOLLOWING SECURITY MEASURES ARE FOLLOWED:
(I) A SECURITY PROCESS, INCLUDING AN IDENTIFICATION
AND PASSWORD SYSTEM, IS INSTALLED TO PERMIT ONLY AUTHORIZED
STUDENTS WITH DISABILITIES ACCESS TO THE PROTECTED MATERIALS; AND
(II) OTHER TECHNICAL SECURITY MEASURES ARE
INSTALLED TO PREVENT A STUDENT FROM DOWNLOADING THE ELECTRONIC
FORMAT OF THE INSTRUCTIONAL MATERIAL UNLESS THE STUDENT HAS SIGNED
THE AGREEMENT UNDER SUBSECTION (E) OF THIS SECTION.
(3) A PUBLISHER MAY INSTALL TECHNICAL SECURITY MEASURES
TO PREVENT THE UNAUTHORIZED COPYING, MODIFICATION, DISTRIBUTION, OR
USE OF THE ELECTRONIC FORMAT OF THE INSTRUCTIONAL MATERIAL IF THE
SECURITY MEASURES DO NOT INTERFERE WITH THE STUDENT'S USE OF
ELECTRONIC COPY.
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- 2023 -
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