Re: Braille copyright violations

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?

Congress passed the following statute recently, and I believe the President signed it into law. It was, after all, part of an enormous appropriations act that needed to get through the mill for all the usual political reasons. Anyhow, I think it may be of enormous help.

Kenny Crews
Indiana University
<kcrews[_at_]velcome.iupui.edu>

   "Sec. 121. Limitations on exclusive rights: reproduction for blind or other people with disabilities

   "(a) Notwithstanding the provisions of sections 106 and 710, 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 if such copies or phonorecords are reproduced or distributed in specialized formats exclusively for use by blind or other persons with disabilities.

   "(b)(1) Copies or phonorecords to which this section applies shall--

        "(A) not be reproduced or distributed in a format other than a specialized format exclusively for use by blind or other persons with disabilities;

        "(B) bear a notice that any further reproduction or distribution in a format other than a specialized format is an infringement; and

        "(C) include a copyright notice identifying the copyright owner and the date of the original publication.

      "(2) 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.

   "(c) For purposes of this section, the term--

      "(1) '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;

      "(2) 'blind or other persons with disabilities' means individuals who are eligible or who may qualify in accordance with the Act entitled "An Act to provide books for the adult blind", approved March 3, 1931 (2 U.S.C. 135a; 46 Stat. 1487) to receive books and other publications produced in specialized formats; and

      "(3) 'specialized formats' means braille, audio, or digital text which is exclusively for use by blind or other persons with disabilities."

[end] Received on Fri Nov 01 1996 - 17:47:40 GMT