§ 23-5-138 — Textbooks - academic freedom - definitions

(1) As used in this
section, unless the context otherwise requires:

(a) Adopting entity means the person or persons responsible for selecting
and ordering a textbook or supplemental learning material for use in a college
course at a state institution of higher education.

(b) Bundle means one or more college textbooks or other supplemental
learning materials offered in combination with one or more additional educational
products to be sold as course materials for a single price.

(c) College textbook means a textbook or set of textbooks developed for
use in a course in postsecondary education at a state institution of higher
education. The term college textbook includes but need not be limited to custom
textbooks and integrated textbooks.

(d) Course material means any textbook or other instructional tool that is
published with the intent that it be used for or in conjunction with classroom
instruction and that is adopted for academic use by faculty members, instructors, or
the person or entity in charge of selecting learning material at the state institution
of higher education.

(e) Custom textbook means a college textbook that is compiled at the
direction of a faculty member, instructor, or other person or adopting entity in
charge of selecting course materials at a state institution of higher education. A
custom textbook may include but need not be limited to selections from original
instructor materials, previously copyrighted publisher materials, copyrighted third-party works, or elements unique to a specific institution such as commemorative
editions.

(f) Integrated textbook means a college textbook that is combined with
materials and is designed solely for use as a combined unit, or that is developed by
a third party and that, according to third-party contractual agreements, a publisher
may not offer separately from the textbook with which the materials are combined.

(g) Publisher means a publisher of college textbooks or supplemental
learning materials.

(h) State institution of higher education shall have the same meaning as
provided in section 23-18-102 (10).

(i) Substantial content means a part of a college textbook, such as a new
chapter, coverage of an additional historical era, a new theme, or new subject
matter.

(j) Supplemental learning material means educational material developed
to accompany a college textbook. Supplemental learning material is not a
component of an integrated textbook. Supplemental learning material may include
but need not be limited to printed materials, computer disks, website access, and
electronically distributed materials.

(2) Beginning on or before July 1, 2009:

(a) When a publisher provides a faculty member, instructor, or other person
or adopting entity in charge of selecting course materials at a state institution of
higher education with information regarding a college textbook or supplemental
learning material, the publisher shall provide, in writing or electronically, the
following information, at a minimum:

(I) The price at which the publisher would make the textbook or
supplemental learning material available;

(II) The substantial content revisions made, if any, between the current
edition of the college textbook or supplemental learning material and a previous
edition;

(III) Whether the college textbook or supplemental learning material is
available in another format, including but not limited to paperback or unbound
copies, and the price at which the publisher would make the college textbook or
supplemental learning material in the other format available.

(b) A publisher that sells a college textbook and any supplemental learning
material accompanying that college textbook as a single bundle to a state
institution of higher education shall also make available the college textbook and
any of the supplemental learning materials as separate and unbundled items at
separate prices.

(c) To the maximum extent practicable, a publisher shall provide the
information required in this subsection (2) for the development and provision of
custom textbooks.

(3) Nothing in this section shall be construed as superseding the institutional
autonomy or academic freedom of a state institution of higher education or its
faculty members or instructors in the selection of college textbooks and
supplemental learning materials.

Legislative History

Source: L. 2008: Entire section added, p. 335, � 2, effective August 5.