Books on tape would fall under the guidelines developed for the blind,
physically handicapped or dyslexic. Most of the materials available already
through the National Library Service or the Libraries serving the blind,
physical handicapped or dyslexic would become available to those persons who
were eligible under the ADA guidelines:
http://www.loc.gov/nls/sec701.html
For those individuals who cannot read because of other issues that do not
fall under the National Library Services programs, the American Printing
House for the Blind, or Recordings for the Blind, the process of taping
materials would be considered an "adaptation of the original format"--and
without permission it would be a violation of copyright. However, if a
student does not have the ability to read because of various handicapping
issues, a certifying authority (doctor) would need to authorize forms (for
the library services and for educational resources from the state and
national levels) in order to place this individual under the guidelines
necessary for this child to receive materials in taped formats.
The Special Education teacher is NOT correct in assuming that "equal access"
overrides any copyright laws. There are still laws that govern materials
that even those with special needs must adhere to---there are just
appropriate ways to go about accessing those materials. There are also
limitations to what can be done and how it can be done. Despite our best
efforts, there are still some hoops that must be jumped through in order to
have access to materials for the disabled.
Obviously, depending upon the student, there will be some challenges and
copyright will be under consideration for each challenge; however, many
items are now available through the agencies that serve blind, handicapped,
dyslexic and multi-handicapped individuals. Making adaptations of the
original printed materials because you believe that it falls under the
"equal access" guidelines is setting yourself up for problems later. It's
best to check the federal guidelines and talk to specialists in this area
rather than assuming that it's all carte blanche.
Here is the entire law that relates to recorded formats for visually
impaired / blind / physically disabled individuals:
http://www.loc.gov/nls/reference/factsheets/copyright.html
The terms used related specifically to those being served by a library for
the blind or those teachers who educate individuals who are blind / visually
handicapped / physical handicapped / dyslexic. Specifically:
..."The amendment allows authorized entities to reproduce or distribute
copies or phonorecords of previously published nondramatic literary works in
specialized formats exclusively for use by blind or other persons with
disabilities."
What may become a problem is the "need" to record something for one student
during a specific year but finding that the same tapes are being used year
after year by the same teacher for various students who do not fall under
the guidelines of the National Library Service and ADA. If materials are
truly needed, then resources are available to meet those needs. I would
definitely follow the standards set by the NLS / ADA and check to see if the
materials already exist in recorded formats rather than creating a new
format from a printed source.
~Shonda Brisco
Trinity Valley MS / US Librarian
Fort Worth, TX
sbrisco021@charter.net
----- Original Message -----
From: "Tawana West" <twest@UARK.EDU>
To: <LM_NET@LISTSERV.SYR.EDU>
Sent: Friday, September 24, 2004 5:59 PM
Subject: Copyright question
> Today during an inservice meeting, I was sharing with my faculty some
> information on copyright from the recent issue of an AASL publication. I
> said
> that it was against copyright for a teacher to read a book and make an
> audiotape of it. The Special Education teacher said that just last week
> he was in a meeting with representatives from our State Department of
> Education and they told him that he should make tapes of books for his
> students to use. I said that perhaps there were exemptions made for
> special education. The SE teacher said that federal guidelines for "equal
> access" to education over-rode any copyright laws.
> OK, now...do any of you know
> if there is an exemption from copyright laws for special education, and/or
> is it true that "equal
> access" to education supercedes other laws?
> Thanks, Tawana
>
> * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
> Tawana West, LMS E-mail: twest@uark.edu
> Walker Elementary School phone: 479.750.8874
> 1701 S. 40th Street fax: 479.750.8717
> Springdale, AR 72762 A National Blue Ribbon School
>
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