[nabs-l] University Libraries

Derek Manners dmanners at jd16.law.harvard.edu
Sat Feb 7 19:15:35 UTC 2015


After further reading, it hasn't been said completely right. So just to reiterate, it is a violation of the ADA and section 504 of the rehab act for school libraries not to scan a copy for you. If they don't know about the Chaffee amendment or fair use doctrine (for example the Hathitrust case involving the University of Michigan Library), point them to it. Both are Google-able. 

Best wishes
Derek

Sent from my iPhone

> On Feb 7, 2015, at 2:12 PM, Derek Manners <dmanners at jd16.law.harvard.edu> wrote:
> 
> This may have already been said but it is not a violation of copyright law. The Chaffee amendment allows for reproducing accessible copies for the blind for non-fiction works and the fair use doctrine has been ruled to always apply to blind people (see the Hathittust Case for example) which basically means everything not covered by the Chaffee amendment is still able to reproduced accessibly for blind folks. 
> 
> Best wishes
> Derek Manners
> 2L Harvard Law and former legal intern at NFB 
> 
> Sent from my iPhone
> 
>> On Feb 6, 2015, at 6:54 PM, Michael D Ausbun via nabs-l <nabs-l at nfbnet.org> wrote:
>> 
>> Hello All:
>>   Out of curiosity, what are your experiences dealing with the University Libraries? According to some of our librarians, at the University of Nevada, Reno, necessary accommodations ought to be made, in order to allow equal access to all books contained in the libraries. Thus, they believe they ought to be able to scan and process or receive already accessible formats of any given book. On the other hand, some librarians suggested that it is impossible, because it is a violation of copyright laws (which is technically true).
>>   I am just curious, because in order to complete my thesis research, I need access to a book, which is not on Bookshare and I would rather not buy it, in the instance that the University already owns it.
>> Respectfully,
>> Michael Ausbun
>> 
>> Pledge, Kappa Sigma
>> Cofounder, University of Nevada, Reno Philosophy Club
>> Secretary, Nevada Association of Blind Students
>> Member, Honors College of the University of Nevada, Reno
>> Member, Speech and Debate at the University of Nevada, Reno
>> 
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