[nabs-l] University Libraries

[Kaiti Shelton]

Hi all (specifically Derek since he seems particularly knowledgeable
about this).

I've never had any problems getting library materials scanned for me,
even when using inter-library loan.  The databases at my school are
not jaws-friendly at all, so the DS office has usually intervened.

My question to add to Michaels is this:  I have a class where the
teacher inadvertently chose a textbook that is extremely expensive.
She has not taught the class in several years, and found this
psychology book with the updated DSMV invormation and loved it.
However, when she found out that it was almost $300 she said she would
have never assigned it had she known the price, and so she stuck a
copy of the book in the university library on reserve for students to
use so they wouldn't need to buy it (with the rule being that the book
could not leave the library).

Now, being a diligent blind student, I submitted my alternative format
request for the book as soon as the teacher gave me the ISBN and other
information.  The disability office did all the scanning and editing,
but I still have not shown them proof of purchase because I have not
shelled out the $300 for the book.  Should I just show them the
library copy and explain what happened or do I really need to buy the
book even though the rest of my class doesn't have to?

Thanks,

On 2/7/15, Derek Manners via nabs-l <nabs-l at nfbnet.org> wrote:
> 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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-- 
Kaiti