Re: Braille copyright violations

Shonda Konemann <okosb[_at_]gteens.com> wrote:
>
> Could someone please help me with this problem? I am the librarian at
> the Oklahoma School for the Blind. We use materials in braille and
> large print with our students. However, when items available in large
> print are not available in braille I often find that we have "major
> discussions" among the faculty about whether it is legal to produce
> that item in braille for two to three students to use during the school
> year. We have software programs which allow us to read, scan, and
> produce materials in braille....which is fine for our own personal
> productions. I have informed our staff about copyright laws and I am
> holding out that anything produced in braille must be granted copyright
> permission from the print publisher before it is produced. I can
> understand certain items, such as magazine articles scanned and
> reproduced for research by a student. But isn't it a violation to
> produce full-text books into braille from the print for two to three
> students to use during the year....and use them year after year?
>
> I feel like the copyright police because the objections I hear from
> teachers is that "it's not fair that these kids can't have the same text
> in braille that is available and we can produce it for them...no one
> needs to know." I know! If anyone knows any laws which will help to
> clarify this issue for us, I'll be truly grateful....and probably hated,
> but it's the law, right?

Yes, there is a probable copyright violation if the materials are used year after year, not on a one-time-only basis. Quite frankly, though (and this is not legal advice, which I'm not authorized to give, anyway, because I've taken nonpracticing status recently), this might be one of those situations where I would seek permission first, but if it was not forthcoming I would do it anyway. If the copyright owners complained, I would tell them that I would cease and desist immediately after contacting as many media outlets as possible; the media would eat this up, and I suspect you would get your permission. You could offer them the positive publicity of helping the blind students, or the negative publicity of hindering the ability of blind students to learn. The office of your local congressman might also like to know about any denial of permission for such a minimal infringement in behalf of constituents who would generate a great deal of sympathy. Not law, but political and media strategy.

John R. Allison
University of Texas at Austin
allisonj[_at_]mail.utexas.edu Received on Thu Oct 31 1996 - 01:32:33 GMT