[nabs-l] Fwd: University Libraries

Tue Feb 10 23:20:40 UTC 2015

The following is the email I received from the general counsel of the NFB in regard to on-hold library book and fees generally. 

Best wishes
Derek

Sent from my iPhone

Begin forwarded message:

> From: "Sidhu,Mehgan" <msidhu at nfb.org>
> Date: February 10, 2015 at 4:56:17 PM EST
> To: Derek Manners <dmanners at jd16.law.harvard.edu>, "Yingling, Valerie" <Vyingling at nfb.org>
> Subject: RE: [nabs-l] University Libraries
> 
> Derek,
>  
> I believe the publishers often require payment because the Chaffee amendment only applies to “authorized entities.”  There is some question of what an authorized entity is – Bookshare, NLS, etc., are clearly authorized entities.  In Judge Baer’s district court decision in the Hathi Trust case he found a university could be an “authorized entity” under Chafee, which was huge.  But a publisher itself would not, I believe, qualify as a Chafee entity.  I would think the publisher providing an accessible copy of the book would constitute a fair use, but since they are protecting the rightsholder and their business interest, I gather they perceive doing so as problematic and favor Chafee entities as the place to go for no-cost books, but I am speculating. 
>  
> The university, of course, has a separate obligation under the ADA and 504 to provide equal access to students with disabilities.  So, if a $300 book is on reserve for non-disabled students in a class to access without cost, it must provide the book in accessible copy without cost to a blind student in that class, as you have noted.
>  
> Interestingly, a different problem regarding the cost issue recently came up on our radar when a student’s university insisted she could not keep the accessible copies of books she acquired through her DSS office, even though she had paid for them.  We had not encountered this before and perhaps will learn more about the cost imposition as our counsel addresses the matter.
>  
> Best,
> Mehgan 
>  
> Mehgan Sidhu
> General Counsel
> National Federation of the Blind
> 200 East Wells Street at Jernigan Place
> Baltimore, Maryland 21230
> Telephone 410-659-9314 ext. 2314
> Fax: 410-659-5129
> E-mail: msidhu at nfb.org
> Web site: www.nfb.org
>  
> The National Federation of the Blind knows that blindness is not the characteristic that defines you or your future. Every day we raise the expectations of blind people, because low expectations create obstacles between blind people and our dreams. You can live the life you want; blindness is not what holds you back.
>  
> Make a gift to the National Federation of the Blind and help ensure all blind Americans live the lives they want.
>  
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>  
>  
> From: Derek Manners [mailto:dmanners at jd16.law.harvard.edu] 
> Sent: Saturday, February 07, 2015 6:59 PM
> To: Yingling, Valerie
> Cc: Sidhu,Mehgan
> Subject: Fwd: [nabs-l] University Libraries
>  
> This was a tricky question on the NABS listserv. 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?
>  
> Best wishes 
> Derek Manners
> 
> Sent from my iPhone
> 
> Begin forwarded message:
> 
> From: Kaiti Shelton <crazy4clarinet104 at gmail.com>
> Date: February 7, 2015 at 4:38:02 PM EST
> To: Derek Manners <dmanners at jd16.law.harvard.edu>, National Association of Blind Students mailing list <nabs-l at nfbnet.org>
> 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