DSSHE Discussion of Copyright Rules [September 2005]

More and more on the listservs we are seeing postings having to do with copyright issues and the like. It is obvious there is much confusion about copyright, Chafee, the differences among state mandates, and digital rights management. It is clear from these threads that there is little overall comprehension of the seeming labyrinth of rules and regulations governing what we, as disability service providers and educators, can and cannot do to ensure our students get their textbooks in alternate formats in a timely fashion.

Recently, in response to a DSSHE member requesting a particular book in alt-format, John Elmer of Ventura College wrote:

I think that the administrators of this list should do something to clearly ensure that everyone who is asking for the trading of books back and forth needs to understand and respect the rules under the Chaffee amendment and all trades need to respect federal copyright law. We are running a HUGE risk by just doing trades. If this list is seen as a free for all for violating the copyright laws (and, as I see it, that is what some people are asking for,) then the publishing industry can legitimately clobber us.

John has a very good point - the publishing industry could "clobber us". However, as has been my experience during the past several years, the publishing industry itself is uncertain about how the law is supposed to work and what constitutes illegal activity in the arena of providing books in alternate formats to SWD's. Between the swiss-cheese that is Chafee and the increasing numbers of state laws - that in some cases oppose Chafee in what they say - there is little solid guidance for us and our students. What we do know is that at least two guidelines must be followed anytime a student requests a textbook in an alternate format:

1. Somewhere along the line someone must purchase a copy of the text. Unless, of course, the book comes from an authorized entity such as RFB&D and BookShare. But, in general, if you are seeking a title through the listservs then it would be wise to have the receipt [or a copy] on hand.
2. The requested material must be for a student with a disability. We purposely keep this vague because Chafee covers some disabilities, state laws others, and other laws are different still.

We in the DSS professional community do the best we can to provide our students with the services they need as predicated under ADA/504. One of the goals of ATHEN is to make sense of these legal issues and provide both our members and the DSS community with accurate and understandable information regarding copyright issues. Trust us - we want to make sense of all this as much as you do. In the meantime, here are some sources of information that may help individuals obtain a better understanding of copyright laws and how they pertain to our needs and uses:

• The SUNY Disability Services Council maintains an excellent website of information and resources titled the Alternate Format Materials Handbook for Postsecondary Disability Service Providers in New York State. Though specific to NY, there is enough general information for everyone.
• An excellent resource is "The Soundproof Book: Exploration of Rights Conflict and Access to Commercial E-Books for People with Disabilities," by George Kerscher and Jim Fruchterman. [Up-to-the-minute information on digital rights state laws may be monitored through http://www.publicknowledge.org/.]
• Another good resource is maintained by the American Federation for the Blind [AFB]: What You Need to Know About Copyright and Digital Rights Management [AFB]