Law / United States / Wisconsin

Wisconsin limits on an institution's handling of alternative-format instructional material and terms of its conversion contracts

Wis. Stat. sec. 106.57(4)

In force.

A procurement conditions rule binding public and private bodies.

Obligation class
Contract terms

What it requires

  • If you are an institution of higher education (a University of Wisconsin System institution or college campus, a technical college, or a private, nonprofit member of the Wisconsin Association of Independent Colleges and Universities) holding instructional material in alternative or electronic format under Wis. Stat. sec. 106.57(3), satisfy later requests from your own students from that format without asking the publisher again, give the publisher the certifications and student statement for each student served, and stop once you receive notice that the format in the same specifications is commercially available from the publisher (Wis. Stat. sec. 106.57(4)(a)).
  • Take reasonable precautions to ensure that the format is not distributed to any third party except as the section permits, and, to the extent possible, keep in effect the copy-protection measures the publisher embedded in it (Wis. Stat. sec. 106.57(4)(b)).
  • If you contract with such an institution to help it create an alternative format of instructional material, the contract must provide that you will not further distribute the electronic format, will provide any alternative format made from it only to the institution, will return all files the institution provided, and will not retain, and will destroy, any copies of your work product, including interim work files (Wis. Stat. sec. 106.57(4)(c)).

These lines are LexLint's reading of the law's text.

What this law does

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Research summary

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An institution of higher education that holds instructional material in alternative or electronic format provided by a publisher, or an alternative format it created, must satisfy later requests from its own students for that format without asking the publisher again, and may provide it to another institution for a student there. For each student so served, the institution must give the publisher the certifications a request requires and the student's signed statement.

It may not do so once it receives notice that the format in the same specifications is commercially available from the publisher. It must take reasonable precautions to ensure that the format is not distributed to any third party except as the section permits, and, to the extent possible, keep in effect the copy-protection measures the publisher embedded in it.

An institution may contract with a third party to help create an alternative format, and the contract must provide that the third party may not further distribute the electronic format, may provide any alternative format made from it only to the institution, must return all files the institution provided, and may not retain, and must destroy, any copies of its work product, including interim work files.

Institution of higher education means a University of Wisconsin System institution or college campus, a technical college, or a private, nonprofit member of the Wisconsin Association of Independent Colleges and Universities. The section was created by 2011 Wisconsin Act 124, enacted and published .

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