[nabs-l] University Libraries

Sun Feb 8 00:34:02 UTC 2015

To make a good copy of the book, they'd need to cut the binding which wouldn't make it accessible to others. 

As to the receipt idea proposed by Elizabeth, that's a good way to go too. 

If you have an iota of pushback on the legal argument and the receipt thing doesn't work, definitely contact me and or NFB legal. Elizabeth is right, you definitely don't want to get into a situation where they aren't letting you have the digital copy. 

In that same vein, as long as you have a digital copy saved on your computer and maybe emailed to yourself as a backup, they can't take it away from you and the publishers know the law so nobody is going to come after you practically speaking. Lol. This is mostly an academic and educational moment for you to have with the DS office. 

Best wishes
Derek Manners

Sent from my iPhone

> On Feb 7, 2015, at 7:25 PM, Arielle Silverman <arielle71 at gmail.com> wrote:
> 
> Or, can't the DS office just borrow the book directly from the library
> course reserve, scan it and return it? Seems like that would be giving
> you access equal to what the other students get. If they want to make
> you return the accessible digital version at the end of the term,
> fine.
> Arielle
> 
>> On 2/7/15, Derek Manners via nabs-l <nabs-l at nfbnet.org> wrote:
>> I've never understood the legality of having to show proof of purchase to
>> get a PDF for the book. I assume that basically the publisher provides a
>> copy because of the proof of purchase but that the Chaffee amendment and
>> fair use doctrine allow the school to make a copy on their own, it's
>> technically not a legal requirement, just a requirement to get the
>> publisher's PDF.   I asked the legal team at NFB for clarification to make
>> sure though.
>> 
>> I'd say to explain the situation to the DS office and say that if you need
>> to return the copy and have them make you a copy, that's fine. But explain
>> to them that legally you don't have to buy the book if others don't have to
>> either and that maybe the DS office should ask the publisher for a waiver
>> for this specific instance.
>> 
>> Best wishes and I'll post NFB's response.
>> 
>> Derek Manners
>> 
>> Sent from my iPhone
>> 
>>> On Feb 7, 2015, at 4:38 PM, Kaiti Shelton <crazy4clarinet104 at gmail.com>
>>> wrote:
>>> 
>>> 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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