<snip>
> 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.
While I hope that there is something more directly on point out there, I attach a copy of 17 U.S.C. section 710 and the relevant regulation, which set up a procedure by which copyright registrants can grant the Library of Congress a nonexclusive license to duplicate materials for the benefit of those individuals with signt impairments. However, as I understand the laws, the Library of Congress holds the license, not third parties, and you would have to obtain the materials from the Library. (I.e., no self-help remedies allowed.) But, perhaps this is a start, and you might want to telephone one of the Copyright Office's/Library of Congress' information specialists to see (1) how you can find out if a work has been so designated, and (2) how you could obtain a copy of the material.
17 U.S.C. sec. 710. Reproduction for use of the blind and physically handicapped: Voluntary licensing forms and procedures
The Register of Copyrights shall, after consultation with the Chief of the Division for the Blind and Physically Handicapped and other appropriate officials of the Library of Congress, establish by regulation standardized forms and procedures by which, at the time applications covering certain specified categories of nondramatic literary works are submitted for registration under section 408 of this title, the copyright owner may voluntarily grant to the Library of Congress a license to reproduce the copyrighted work by means of Braille or similar tactile symbols, or by fixation of a reading of the work in a phonorecord, or both, and to distribute the resulting copies or phonorecords solely for the use of the blind and physically handicapped and under limited conditions to be specified in the standardized forms.
37 CFR sec. 201.15. Voluntary license to permit reproduction of nondramatic literary works solely for use of the blind and physically handicapped
(a) General.
(1) The blind and physically handicapped are persons
eligible for special loan services of the Library of
Congress, as designated by section 135a of Title 2 of the
United States Code [2 U.S.C.A. s 135a] as amended by Pub.L.
89-552 and regulations of the Library of Congress issued
under that section.
(2) This section, and any license granted or exercised
under this section, applies only to nondramatic literary
works that have previously been published with the consent of
the copyright owner.
(b) Form. The Copyright Office provides the following
form as part of the applications for registration of claims
to copyright in nondramatic literary works (Form TX):
REPRODUCTION FOR USE OF BLIND OR PHYSICALLY HANDICAPPED PERSONS Signature of this form at space 10, and a check in one of the boxes here in space 8, constitutes a nonexclusive grant of permission to the Library of Congress to reproduce and distribute solely for the blind and physically handicapped and under the conditions and limitations prescribed by the regulations of the Copyright Office: (1) copies of the work identified in space 1 of this application in Braille (or similar tactile symbols); or (2) phonorecords embodying a fixation of a reading of that work; or (3) both.
a [ ] Copies and phonorecords; b [ ] Copies only; c [ ] Phonorecords only.
(c) Terms and conditions. A copyright owner who
consents to the use of a copyrighted work by the Library of
Congress for the use of the blind and physically handicapped
may accomplish this purpose by checking the appropriate box
on the application form, by signing the application form as a
whole, and by submitting the application for copyright
registration to the Copyright Office. The copyright owner
thereby grants a nonexclusive license to the Library of
Congress with respect to the work identified in the
application, under the terms and conditions set forth in this
section.
(1) The work may be reproduced only by or on
behalf of the Library of Congress.
(2) The work may not be reproduced in any other form
than Braille (or simi lar tactile symbols), or by a fixation
of a reading of the work in phonorecords specifically
designed for use of the blind and physically handicapped, or
both, as designated by the copyright owner on the application
form.
(3) Such copies and phonorecords of the work may be
distributed by the Library of Congress solely for the use of
the blind and physically handicapped under conditions and
guidelines provided by the National Library Service for the
Blind and Physically Handicapped of the Library of Congress.
(4) In the case of any conflict with any other right or
license given by the copyright owner to the Library of
Congress pertaining to the work, the terms and conditions
most favorable to the Library of Congress for the benefit of
the blind and physically handicapped shall govern.
(5) Copies and phonorecords reproduced and distributed
under this license will contain identification of the author
and publisher of the work, and copyright notice, as they
appear on the copies or phonorecords deposited with the
application.
(6) This license is nonexclusive, and the
copyright owner is in no way precluded from granting other
nonexclusive licenses with respect to reproduction for the
use of the blind and physically handicapped, or exclusive
licenses for the same purpose on condition they are
subject to the nonexclusive license granted to the Library
of Congress, or other exclusive or nonexclusive licenses or
transfers with respect to reproduction or distribution for
other purposes.
(7) All responsibility for the clearing and exercise of
the rights granted is that of the Library of Congress.
(d) Duration of license.
(1) The license is effective upon the effective date of
registration for the work and, subject to the conditions and
procedures stated in paragraph (d)(2) of this section,
continues for the full term of copyright in the work provided
in section 302 of Title 17 of the United States Code [17
U.S.C.A. s 302] as amended by Pub.L. 94-553.
(2) Termination of the license may be accomplished by
the copyright owner at any time by submitting a written
statement of intent to terminate, signed by the copyright
owner or by the duly authorized agent of the copyright owner,
to the National Library Service for the Blind and Physically
Handicapped of the Library of Congress. Termination will
become effective 90 days after receipt of the written
statement, or at a later time set forth in the statement.
Upon the effective date of termination the Library of
Congress will be prohibited from reproducing additional
copies or phonorecords of the work, or both, without the
consent of the copyright owner, but copies or phonorecords,
or both, reproduced under authority of the license before the
effective date of termination may continue to be utilized and
distributed under the terms of the license after its
termination.
Michael E. Sobel, Esq. E-Mail: msobel[_at_]gj.com Graham & James LLP Telephone: 415/954-0200 One Maritime Plaza, Suite 300 Fax: 415/391-2493San Francisco, California 94111 Received on Thu Oct 31 1996 - 02:04:10 GMT
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