[nabs-l] University Libraries

Sun Feb 8 00:25:19 UTC 2015

Hello Kaiti,

So did the professor purchase the textbook to be used in the library?  Or
did the college or university purchase this textbook for library use only? I
am just wondering if you might be able to obtain a copy of the receipt from
whoever purchased the textbook to give to the disability office. If you are
looking to obtain the textbook as soon as possible, this might be easier
than presenting the arguments Derek is proposing. 

I totally agree with what he is saying, but my experience tells me that
colleges and universities have a difficult time agreeing with this argument.
Personally, I would leave this battle for another day and find an
alternative way to gain access to the material in the textbook. Sacrificing
your grades for a battle you might not be able to win is not always worth it
in the end. However, this is only my personal opinion, and others may not
agree with me.

Warm regards,
Elizabeth

-----Original Message-----
From: nabs-l [mailto:nabs-l-bounces at nfbnet.org] On Behalf Of Kaiti Shelton
via nabs-l
Sent: Saturday, February 07, 2015 4:38 PM
To: Derek Manners; National Association of Blind Students mailing list
Subject: Re: [nabs-l] University Libraries

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

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