Course Packets/Reproduction for blind/disabled students

Our bookstore is responsible for obtaining permissions to reprint copyrighted materials that are included in course packets and for processing the payment of fees associated with copyright costs. Our University Disability Services provides photocopied enlargements for visually impaired students.

On one occasion last year, a student needed an enlarged copy of a course packet that contained copyrighted materials. Because we had the master copy of the packet we sent it to our campus print service and requested one printed in an enlarged version. I thought it would be fair to charge the student the same price as the other students paid (packets which include copyrighted materials sometimes retail for as much as $40.00). University Disability Services has cited U.S. Copyright Code 17, section 121 saying it is ..."not an infringement of copyright for an authorized entity to reproduce or to distribute copies ... in specialized formats for use by blind or other persons with disabilities.

I don't dispute the rights to reproduce the packet in an enlarged or audio-version, if necessary, but it seems reasonable that the student should pay the copyright fees that other students paid if that student didn't buy a regular print version of the packet. In some cases, we have to pay for copyright permissions before the packets are sold and we sometimes lose money even when we can collect from all students.

On the other hand, if University Disability Services enlarges or phono records a standard print textbook they in effect borrow (buy and return) a book (or 2) from us to copy and I don't have any control over whether a student buys (or pays for) the book. Or we may have paid a royalty fee to reprint an out-of-print book which could be enlarged from a library copy for the student that needs an enlargement.

Could someone clarify the laws in cases like this?

Considering this problem from both a legal standpoint and customer service standpoint, should I argue that the student pay the copyright fees or accept the loss we might incur the same way we do whenever we produce more packets than we sell. Kathy Reilly Assistant Director; Book Department Manager University Bookstore; University of Wisconsin Oshkosh; Oshkosh, Wi 54901-8685 (920)424-2385 Fax: (920)424-1082 e-mail: reilly[_at_]uwosh.edu     

         A leaf turned.....
            It blew away.......
                  Tomorrow left....
                      Today.

Kathy Reilly
<reilly[_at_]vaxa.cis.uwosh.edu> Received on Tue Jun 29 1999 - 16:59:26 GMT