In preparation for WIPO's initiative on Exceptions & Limitations to Copyright, the US Copyright Office is currently soliciting comments on the topic of "facilitating access to copyrighted works for the blind or persons with other disabilities". Written comments are due next week (April 21st, 2009), and there will be a public meeting in Washington on May 18th. EFF will be sending our own submission, as will many other IP and disability groups. But if you've worked on software or hardware to overcome your own visual or other disabilities, or co-operated informally (perhaps in an open source project) to provide wider access to content for users with disabilities, or have dealt with a publisher regarding the accessibility of texts, we'd like to encourage you to send the copyright office your own stories — and cc: us at accessibility@eff.org.

Much of current IP law on increasing accessibility to content is concerned with exceptions for narrow conditions or traditional institutions. For instance, the Chafee Amendment provides for free ebooks for the blind, but only through "authorized entities" — such as a dedicated government agency or non-profit organization (e.g. Bookshare). The Copyright Office's triennial list of exemptions from the DMCA's anti-circumvention laws includes a category for legally unlocking the DRM on ebooks — but if you do so, you are not allowed to market or share tools for removing this DRM to other disabled users.

Our experience of innovation in the digital world and its clash with existing IP law is that many overlooked examples come from individual technologists "scratching their personal itch", as well as loosely-organized groups. If DMCA's anti-circumvention laws (and ebook DRM) have prevented you as an individual, for example, from format-shifting content to a form usable by assistive technology, or even changed the font size of an ebook to a readable level, please send your story. Unexpected applications of new technology are important to raise too: if you are deaf, and wish to benefit from the possibility of "signing books" (many who are deaf from birth have difficulties with learning to read, and benefit from visual hand-signs in the same way that the visually-impaired benefit from simultaneous text-to-speech), write in.

As the Register of Copyrights noted when considering the anti-circumvention exemption for ebooks, the transition of media to the digital world

perhaps for the first time offer an individual blind person the possibility of "self-help" in making a copy of a literary work perceptible.

We want to make sure that the Copyright Office hears from everyone who is helping themselves, and yet finds their way thwarted by clumsy law or unnecessary technological restrictions.

The full text of the Notice of Inquiry is below (and also available as PDF here).

[Federal Register: March 26, 2009 (Volume 74, Number 57)]

[Notices]

[Page 13268-13270]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr26mr09-110]

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LIBRARY OF CONGRESS

Copyright Office

Notice of Inquiry and Request for Comments on the Topic of

Facilitating Access to Copyrighted Works for the Blind or Persons With

Other Disabilities; Notice of Public Meeting

AGENCY: United States Copyright Office, Library of Congress.

ACTION: Notice of inquiry and request for comments; notice of public

meeting.

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SUMMARY: The United States Copyright Office (Copyright Office) and the

United States Patent and Trademark Office (USPTO) seek comment on the

topic of facilitating access to copyrighted works for ``blind or

persons with other disabilities'' \1\ in connection with a forthcoming

meeting of the Standing Committee on Copyright and Related Rights of

the World Intellectual Property Organization. Interested parties are

invited to submit comments on the topics outlined in the supplementary

information section of this notice. The Copyright Office and USPTO also

announce a public meeting on the same topic.

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\1\ Various terms are used formally and informally throughout

the world. When inquiring about experiences within the United

States, the term used in this Notice of Inquiry is that which

appears in U.S. copyright law. See 17 U.S.C. 121(d)(2). There, the

term ``blind or persons with other disabilities'' is defined to

include individuals who are eligible or who may qualify in

accordance with the Act entitled ``An Act to provide books for the

adult blind,'' approved March 3, 1931 (2 U.S.C. 135a; 46 Stat.

1487).

DATES: Initial comments on the Notice of Inquiry and Request for

Comments are due on April 21, 2009. Reply comments are due on May 4,

2009. The public meeting will be held Monday, May 18, 2009, from 9:30

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a.m. to 5:30 p.m.

ADDRESSES:

Notice of Inquiry and Request for Comments

If hand-delivered by a private party, an original and five copies

of a comment or a reply comment should be brought to the Library of

Congress, U.S. Copyright Office, Public Information Office, Room LM-

401, 101 Independence Avenue, SE., Washington, DC 20559, between 8:30

a.m. and 5 p.m. The envelope should be addressed as follows: Office of

Policy and International Affairs, U.S. Copyright Office. If delivered

by a commercial courier, an original and five copies of a comment or

reply comment must be delivered to the Congressional Courier Acceptance

Site (CCAS) located at 2nd and D Streets, NE., Washington, DC, between

8:30 a.m. and 4 p.m. The envelope should be addressed as follows:

Office of Policy and International Affairs, U.S. Copyright Office, Room

LM-403, James Madison Building, 101 Independence Avenue, SE.,

Washington, DC 20559. Please note that CCAS will not accept delivery by

means of overnight delivery services such as Fedex, United Parcel

Service, or DHL. If sent by mail (including overnight delivery using

U.S. Postal Service Express Mail), an original and five copies of a

comment or reply comment should be addressed to U.S. Copyright Office,

Office of Policy and International Affairs, Copyright GC/I & R, P.O.

Box 70400, Washington, DC 20024.

Public Meeting

The public meeting will be held in the Montpelier Room of the

Library of Congress, James Madison Building, 6th Floor, 101

Independence Avenue, SE., Washington, DC 20559. The process for

submitting requests to attend and observe or participate in the

meeting, as well as the agenda, will be published on the Web site of

the U.S. Copyright Office no later than April 8, 2009.

FOR FURTHER INFORMATION CONTACT: Maria Pallante, Associate Register,

Policy and International Affairs, or Michele Woods, Senior Counsel for

Policy and International Affairs, by telephone at 202-707-1027, by

facsimile at 202-707-8366 or by electronic mail at mpall@loc.gov or

mwoo@loc.gov.

SUPPLEMENTARY INFORMATION:

Background

The United States is a Member State of the World Intellectual

Property Organization (WIPO) and an active member of the Standing

Committee on Copyright and Related Rights (SCCR). At recent meetings of

the SCCR, WIPO facilitated discussions on the topic of copyright

limitations and exceptions, including limitations and exceptions for

``blind, visually impaired and other reading-disabled persons.'' \2\ At

its next meeting (May 25-29, 2009), the SCCR will continue to consider

this topic, among others, and will exchange information and experiences

in order to deepen its collective understanding of the issues. As part

of the process, the SCCR is looking to the copyright limitations and

exceptions that are currently available for the benefit of the blind,

visually impaired and other reading-disabled persons around the world,

and has invited Member States to provide supplementary information

regarding their national laws and experiences.

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\2\ This term appears in some relevant WIPO documents. See e.g.

``Conclusions of the SCCR,'' November 5-7, 2008, at http://

www.wipo.int/edocs/mdocs/copyright/en/sccr_17/sccr_17_www_

112533.pdf (last visited on March 20, 2009).

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In preparation for the meeting, the Copyright Office and the USPTO

have been gathering relevant information. To date, the Copyright Office

and USPTO have participated in a series of informal meetings and

conference calls (primarily with stakeholders from the blind community,

but also with representatives of the library, book publishing,

software, motion picture, and nonprofit sectors) in which multiple

specific issues have been identified and a number of common points have

emerged.

On the basis of these preliminary discussions, the Copyright Office

and the USPTO understand that blind and other persons with disabilities

in the United States navigate many complex challenges when it comes to

accessing copyrighted works. Common refrains include delays in

obtaining accessible texts (with timeliness of accessible materials a

particular problem for students at all levels), compatibility problems

between available formats and the hardware devices employed by the

reader, and inconsistencies in the quality and accuracy of the

available, reformatted works. At the international level, the Copyright

Office and the USPTO were made aware of the existing framework through

which accessible works move across borders (i.e. through private

agreement and interlibrary

[[Page 13269]]

programs), as well as some of the difficulties the framework presents.

Possible Actions

Through discussions with stakeholders and previous meetings of the

SCCR, the Copyright Office and USPTO are aware of some measures that

might be appropriate for action at the national or international levels

(through Member States, WIPO or other mechanisms). Such possible

actions include the following: (1) Developing standardized

accessibility formats and other technical norms; (2) establishing

trusted intermediaries to coordinate resources, eliminate unnecessary

duplication of accessible works, and ensure best practices; (3)

providing technical assistance, coordination, and educational outreach;

(4) promoting market-based solutions achieved through private sector

copyright licenses or other agreements; and (5) developing binding or

non-binding international instruments, including a treaty that would

establish minimum requirements for limitations and exceptions for

blind, visually impaired and other reading-disabled persons. The

Copyright Office and the USPTO are interested in learning how these

areas of focus might address existing difficulties with access to

copyright works, whether applied alone or in combination with each

other. Suggestions as to measures not covered above are also welcome.

Please note that WIPO posts various documents from its meetings on

its Web site, including reports and agendas related to the

consideration of copyright limitations and exceptions. Documents from

SCCR meetings that included consideration of this issue can be found by

starting at http://www.wipo.int/meetings/en/topic.jsp?group_id=62 and

following the link to information for each specific meeting. A study on

copyright limitations and exceptions for the visually impaired can be

found at http://www.wipo.int/meetings/en/doc_details.jsp?doc_

id=75696.

Subjects of Inquiry

At this time, in order to allow further opportunity for interested

persons to provide their views, the Copyright Office and the USPTO are

seeking comment on several focused topics related to the provision of

access to copyrighted works for blind and other persons with

disabilities. Unless otherwise specified, the focus of the inquiry is

the experiences of interested parties residing or doing business in the

United States. Nevertheless, parties should not feel constrained from

describing transnational experiences and situations if they are

illustrative of a problem or success.

A. Experiences of Persons Within the United States With Respect To

Accessing U.S. Works or Sharing Accessible Copies Within the United

States

In general, the Copyright Office and the USPTO seek to learn more

about the experiences of the blind or persons with other disabilities

with respect to accessing and sharing U.S. copyrighted works within the

United States. Please reference any specific policies, practices and

projects that exist or are emerging in the education, library and

business sectors while considering the questions set forth below.

1. Applicable Statutory or Regulatory Provisions: The United States

has relevant existing limitations on exclusive rights in the Copyright

Act. Section 121 (the so-called ``Chafee Amendment'') authorizes the

reproduction of copyrighted works for blind or other persons with

disabilities under certain circumstances. Section 121(a) contains

general language providing that it is not copyright infringement ``for

an authorized entity to reproduce or to distribute copies or

phonorecords of a previously published, nondramatic literary work if

such copies or phonorecords are produced or distributed in specialized

formats exclusively for use by blind or other persons with

disabilities.'' Section 121(c) provides a specific limitation

applicable to publishers of ``print instructional materials for use in

elementary or secondary schools'' so that they may create and

distribute electronic files consistent with the Individuals with

Disabilities Education Act (IDEA). 17 U.S.C. 21(c). Those electronic

files must use the National Instructional Material Accessibility

Standard (NIMAS). Id. How have the Chafee Amendment and related

statutory and regulatory provisions worked in practice?

2. Private Sector Initiatives: The Copyright Office and the USPTO

are aware that book publishers have been involved in the development

and implementation of Section 121 and other laws applicable to

disabilities and education. What are additional ways in which the

private sector facilitates, or plans to facilitate, access to

copyrighted works? Please identify and describe in detail any existing

business models, licensing schemes, or technological innovations that

are relevant, not only for books but for other copyrighted works, e.g.,

magazines, newspapers, motion pictures, and software. To date, what has

been the result of these efforts in terms of achieving accessible

content? Do best practices exist? Turning to the nonprofit sector, what

are the activities, business models, or technology platforms that have

emerged and what has been the result to date? What if any are the

additional projects under consideration?

3. Library Programs: Libraries play an important role in providing

access to copyrighted works for the blind or persons with other

disabilities. The Library of Congress, through its National Library

Service for the Blind and Physically Handicapped, provides Braille and

audio materials (e.g., talking books) to eligible borrowers through

cooperating libraries in the United States. NLS also provides

interlibrary loan services to citizens of other countries through

qualified libraries or other institutions in those countries. Private

organizations, such as Bookshare, provide access to digital materials

through an online searchable library. What other sorts of libraries or

library services currently facilitate access to copyrighted works? What

physical and digital delivery methods are being used? What initiatives

have libraries taken to develop new services and to respond to evolving

needs and technologies? What coordination exists among national and

international library services?

4. Standardized Formats, Programs and Devices: In recent years,

entrepreneurs and other representatives of the blind or persons with

other disabilities have made significant progress in efforts to upgrade

and standardize the technical formats, programs and devices that allow

access to books and other text. These include the talking-book format

of DAISY (Digital Accessible Information System) that is compatible

with screen readers, as well as stationary and portable DAISY players

that feature synthetic-voices, and various versions of scan-and-read

software. Paper-based Braille has evolved into digital formats that

offer refreshable displays and nonlinear search capabilities when used

with applicable devices. Are there additional innovations in use or

under development today and, if so, what is their focus? What are the

impediments, and possible solutions, for improving existing

standardized formats, programs and devices, developing new ones, and/or

facilitating their interoperability?

5. Resources: To what degree is a lack of sufficient resources a

factor in providing access to the blind or persons with other

disabilities? What governmental, private sector, nonprofit, or

philanthropic resources exist? What types of resources are most needed?

[[Page 13270]]

What approaches to expanding available resources are most promising?

What objectives could be met and in what time frame if additional

resources were available?

B. Experiences of Persons Within the United States With Respect To

Accessing Foreign Works or Sharing Accessible Copies of U.S. Works With

Foreign Persons

Please comment on the experiences of the blind or persons with

other disabilities with respect to accessing foreign works within the

United States, or sharing accessible copies of U.S. works with

similarly-situated persons outside the United States. What kinds of

specific policies, practices and projects exist or are emerging in the

education, library and business sectors? How do existing laws create

incentives or constrain efforts? Please describe the ways in which

technology has influenced or could assist in providing access to

foreign works or the sharing of accessible copies. What are the legal

or practical impediments to transnational access and how are they

interrelated?

C. Other Comments on Facilitating and Enhancing Access to Copyrighted

Works

Please comment on the likely success of measures identified above

under the subsection entitled ``Possible Actions'' under SUPPLEMENTARY

INFORMATION. How might the measures best be leveraged, alone or in

combination, to enhance access for the blind or other persons with

disabilities? Are there additional governmental or private sector

actions that might serve the objective of enhancing access to

copyrighted works for the blind or persons with other disabilities?

Dated: March 20, 2009.

Maria Pallante,

Associate Register for Policy & International Affairs, U.S. Copyright

Office.

[FR Doc. E9-6637 Filed 3-25-09; 8:45 am]

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