Accessible Technology
v.
Copyright Law
Marion Smith
msmith@csudh.edu
CSU Dominguez Hills
March 2010
Accessible Technology v. Copyright
Law Topics
Copyright 101
Fair Use 101
Accessible Technology 101
Seeking Solutions
Resources
Copyright 101
“Copyright is a form of protection
grounded in the U.S. Constitution and
granted by law for original works of
authorship fixed in a tangible medium
of expression.“
“Copyright in General.” 12 July 2006. 22 February 2010.
< http://www.copyright.gov/help/faq/faq-general.html >
The Copyright Acts
The Copyright Act of 1976 is the
primary basis of copyright law in the
United States.
Modifications, called “sections”, are
added when needed.
Issues introduced by the Internet are
addressed in the Digital Millennium
Copyright Act of 1998 (DMCA).
Copyright Protection
Copyright protection exists as soon
as the work is put into a tangible form.
The work does not have to be
published.
Registration is required only if the
owner intends to seek a claim of
violation.
Never Protected by Copyright
Facts, slogans, titles
Works of the U.S. Government
Copyright Owners’ Rights
Reproduce
Prepare derivative works
Distribute to the public 1
Publicly perform 2
Publicly display
1
This is the issue with illegal file-sharing.
2 This is the issue with ringtones  [No, really.]
How Long is the Work Protected?
As a general rule, for works created after
January 1, 1978, copyright protection lasts
for the life of the author plus an additional
70 years.
Fair Use 101
Under the fair use doctrine of 1976, you
can use limited portions of a work for
purposes such as commentary, criticism,
news reporting, and scholarly reports
without seeking permission of the
copyright owner.
There are no specific rules about the
number of words, the number of musical
notes, or the percentage of a work.
The Four Factors of Fair Use
1. The purpose and character of the
use;
2. The nature of the copyrighted work;
3. The amount and substantiality of the
portion taken; and
4. The effect of the use upon the
potential market.
The Technology, Education and Copyright
Harmonization (TEACH) Act of 2002
For accredited, non-profit U.S. educational
institutions
Copyright-protected materials can be used
in distance education—on Web sites and
with other digital means—without
permission from the copyright owner and
without payment of royalties
The TEACH Act Requires…
That the institution provide a “notice to
students that materials used in connection
with the course may be subject to
copyright protection.”
That protected material is “solely
for…students officially enrolled in the
course for which the transmission is
made.”
Accessible Technology 101
The CSU Board of Trustee’s Executive
Order 926 (EO 926) makes a commitment
to accessible technology: "It is the policy of
the CSU to make information technology
resources and services accessible to all
CSU students, faculty, staff and the
general public regardless of disability.“
The Accessible Technology Initiative (ATI)
implements EO 926.
CSU ATI’s Phase 2
“By 2012, all websites will be accessible,
all instructional materials in electronic
formats will be accessible, and all
purchases of technology will conform to
accessibility standards – and alternative
means of access will be provided for any
exceptions.”
“From Policy to Enabling Implementation.” undated.
23 February 2010. <http://www.calstate.edu/accessibility/phase2/>
No Surprise: There are Issues
Both Adobe and Amazon have been
criticized by reading disabled groups
for allowing works to be distributed as
“sound proof books,” with text to
speech disabled.
“Accessible Works, Standards.” 22 April 2009.
24 February 2010.
<http://www.copyright.gov/docs/sccr/comments/2009/ress.pdf>
Amazon’s Kindle DX
Advocates for the blind sued Arizona State
University during Summer 2009 because
of ASU’s use of the Kindle DX in
instruction. In turn, ASU sued Amazon.
Now ASU has withdrawn its suit against
Amazon, and Amazon has added
accessibility features (spoken menu
navigation and large print mode) to the
Kindle DX.
Seeking Solutions
The United States is a Member State of
the World Intellectual Property
Organization (WIPO) and an active
member of the Standing Committee on
Copyright and Related Rights (SCCR).
WIPO proposes exceptions and limitations
on copyright law for education, libraries,
and persons with print disabilities.
Campus Solutions
Encourage faculty to select electronic
instructional material (for ease of
conversion to alternate format). See
Sacramento State’s Instructional Materials
Accessibility Checklist.
Encourage faculty to select textbooks from
publishers who provide alternate formats,
including loose-leaf versions that can be
scanned.
CSUDH Solutions
Faculty receiving new laptops have to
attend a workshop that includes
accessibility training.
Links to the CSU’s “Fundamentals of
Copyright and Fair Use” as a Word file and
an MP3 file are posted on the Assistive
Technology Locations/Features Web
page.
Current/Recent Copyright Cases
UCLA streaming video case
Librarians to colleges: Keep on streaming,
http://newteevee.com/2010/02/22/librarians-tocolleges-keep-on-streaming/
 The Shepard Fairey case
Candidate Barack Obama’s striking
red/white/blue HOPE poster
Fair use? Fairey hopes so.
Copyright/Accessibility Cases
 “Copyright Owners Fight Plan to Release EBooks for the Blind,” Wired.com, 11 December
2009
 “DOJ, schools settle over Kindle’s blind
access,” Cnet.com, 13 January 2010
Resources – Copyright and Fair Use
 Copyright
Fundamentals of Copyright and Fair Use, Office of the
General Counsel, California State University, July
2007
The Copyright Office, http://www.copyright.gov/
 Fair Use
Technology, Education and Copyright Harmonization
(TEACH) Act of 2002
The University of Texas – The TEACH Act Finally
Becomes Law
Stanford Copyright & Fair Use
Resources – Accessible Technology
CSU Board of Trustee’s Executive Order
926 (EO 926)
U.S. Copyright Office – Facilitating Access
for the Blind or Other Persons with
Disabilities
Section 508: The Road to Accessibility
NIMAS at CAST.org - “Accessible
Textbooks: The Copyright Conundrum”
Resources – Accessibility &
Copyright
University of Missouri’s “Legal Issues:
Copyright, Accessibility, and FERPA”
PEPNet, the Postsecondary Education
Programs (having a focus on persons who
are deaf or hard of hearing)