Re: Braille copyright violations

On 10/30/96, 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. . . . 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?

Not any more. See the new Copyright Office appropriations bill (HR 3754, Pub.L. 104-197):

It amends Federal copyright law to provide that it is not an infringement of copyright for an "authorized entity" to reproduce or to distribute copies or phonorecords of a previously published, nondramatic literary work in "specialized formats" exclusively for use by blind or other persons with disabilities. Requires the copies or phonorecords to: (1) bear a notice that any further reproduction or distribution in a format other than a specialized format is an infringement; and (2) include a copyright notice identifying the copyright owner and the date of the original publication.

The bill provides that "The provisions of this subsection shall not apply to standardized, secure, or norm-referenced tests and related testing material, or to computer programs, except the portions thereof that are in conventional human language (including descriptions of pictorial works) and displayed to users in the ordinary course of using the computer programs."

An "authorized entity" means "a nonprofit organization or a governmental agency that has a primary mission to provide specialized services relating to training, education, or adaptive reading or information access needs of blind or other persons with disabilities;

"Specialized formats" means "braille, audio, or digital text which is exclusively for use by blind or other persons with disabilities."    

John Noble
<jnoble[_at_]dgs.dgsys.com> Received on Thu Oct 31 1996 - 14:37:03 GMT