(a) As used in this section, the following terms have the following meanings: (1) âCaptionedâ or âcaptioningâ means the display of text corresponding to, and synchronized with, the spoken-word audio portion of instructional material. (2) âElectronic formatâ means a computer file or other digital medium that embodies instructional material, is not itself captioned, but from which a captioned format may be created using commercially available technology. (3) âInstitutionâ means the University of California, the California State University, a California Community College, or any campus or location of any of those institutions. (4) âInstructional materialâ means any audiovisual work, as that term is defined in Section 101 of Title 17 of the United States Code, that is created and published primarily for use by students in postsecondary instruction, and is required for a studentâs success in a course of study in which a student with a disability is enrolled. The determination of which materials are ârequired for student successâ shall be made by the instructor of the course in consultation with the official making the request pursuant to subdivision (b) in accordance with guidelines issued pursuant to subdivision (i). (5) âPublisherâ means any individual, firm, partnership, or corporation that is engaged in the business, whether for profit or not for profit, of selling instructional material in which it owns or controls some or all of the copyright to that material. âPublisherâ does not include any entity that is a subdivision of any state or other governmental body, other than the State of California. (6) âWritingâ includes facsimile transmission and e-mail. (b) (1) A publisher that publishes instructional material used by students attending, or by instructors for use in classroom presentations at, the University of California, the California State University, or a California Community College, shall, upon request by an institution on behalf of a student or instructor at that institution, do one of the following: (A) Provide access to a captioned format of the instructional material directly to the student or the instructor by providing an Internet password, delivery of a disk or file, or in any other appropriate manner. (B) Provide to the institution a captioned format of the instructional material. (C) Provide to the institution an electronic format, if available, of the instructional material, unless the institution already has an electronic format in its possession, and a license permitting the institution to create a captioned format of the material, to the extent the publisher has the right to grant that license. (2) A publisher shall respond to a properly addressed request that meets the requirements of subdivision (c) in the following manner, as applicable: (A) Within 10 calendar days after the receipt of the request, the publisher shall provide to the institution a notice, in writing, as to which of the three actions in paragraph (1) it intends to take. (B) If the publisher does not possess an electronic format of the instructional material, it shall advise the institution of that fact in the notice provided pursuant to subparagraph (A). (C) If the publisher lacks sufficient rights to distribute, or license the institution to create, a captioned format of some or all of the instructional material covered by the request, it shall advise the institution of that fact in the notice provided pursuant to subparagraph (A), and shall provide both of the following to the institution, to the extent that the publisher is able to do so: (i) An electronic format of the instructional material to which the publisher does not control the applicable rights. (ii) The name and contact information of the person that the publisher believes to be capable of authorizing creation of a captioned format of the instructional material. Any person capable of authorizing the creation of the captioned format shall
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