Re: Braille copyright violations

From: Laura N. Gasaway <unclng[_at_]email.unc.edu>
Date: Thu, 31 Oct 1996 08:43:05 -0800 (PST)

     You raise a very interesting question. Under the Act, technically "translation" does create a derivative work. However, a library's making one copy of a work for a user is permitted under section 108(d). The library may reproduce that copy, i.e., photocopy or otherwise reproduce it. Would enlarging that copy via photocopying be a violation? I think not.

     The issue is that the situation you describe involves reproduction of entire works and libraries have very limited rights to reproduce entire works under section 108(e).

     If these works are not available in Braille, I think an excellent fair use argument can be made. Also, the Americans with Disabilities Act tends to make me think that reproducing these works in Braille for a very limited number of users should be considered fair use.

Lolly
*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*

Laura N. Gasaway			phone:  919-962-1049
Director of the Law Library &		fax:    919-962-1193
   Professor of Law			email:	laura_gasaway[_at_]unc.edu

Law Library, CB # 3385
University of North Carolina
Chapel Hill, NC 27599

On Wed, 30 Oct 1996, 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?
>
> Thank you.
>
> Shonda Konemann
> Library Media Coordinator
> Oklahoma School for the Blind
> okosb[_at_]gteens.com --
Received on Thu Oct 31 1996 - 13:55:15 GMT