[Athen] Copyright decision

Karen Sorensen karen.sorensen at pcc.edu
Tue Nov 6 14:13:29 PST 2012

Thank you Ron and Tammy! Does everyone agree that this protected class from
the LOC means I can caption a video and share it with another college who
also owns the video (or for a video that is free online)? :
(8) Motion pictures and other
audiovisual works on DVDs that are
protected by the Content Scrambling
System, or that are distributed by an
online service and protected by
technological measures that control
access to such works, when
circumvention is accomplished solely to
access the playhead and/or related time
code information embedded in copies of
such works and solely for the purpose
of conducting research and
development for the purpose of creating
players capable of rendering visual
representations of the audible portions
of such works and/or audible
representations or descriptions of the
visual portions of such works to enable
an individual who is blind, visually
impaired, deaf, or hard of hearing, and
who has lawfully obtained a copy of
such a work, to perceive the work;
provided however, that the resulting
player does not require circumvention
of technological measures to operate."

I think it does. Anyone disagree?
I hope this is an indication that politics are going my way today. :-)

Karen M. Sorensen
Accessibility Advocate for Online Courses
Portland Community College

> Message: 1

> Date: Tue, 6 Nov 2012 10:32:04 -0600

> From: "Ron Stewart" <ron at ahead.org>

> Subject: [Athen] FW: The Librarian of Congress re-establishes &

> strengthens exemptions related to making ebooks and other

> electronic

> materials accessible for people with print disabilities

> To: "Access Technology Higher Education Network"

> <athen-list at u.washington.edu>, "'Alternate Media'"

> <altmedia at htclistserv.htctu.fhda.edu>

> Message-ID: <01e701cdbc3c$41a3b5c0$c4eb2140$@ahead.org>

> Content-Type: text/plain; charset="iso-8859-1"


> Some of you will be interested in this



> Copyright


> The Librarian of Congress recently announced a decision of significant

> import for the future of information access rights. Endorsing a favorable

> recommendation by the Registrar of Copyrights concerning a petition filed

> jointly by the American Foundation for the Blind and the American Council

> of

> the Blind, the Librarian of Congress has determined that copyright

> protection measures built into ebooks and other electronic materials will

> no

> longer pose needless barriers to the materials' use by people who are blind

> or who otherwise have print disabilities.


> Under the Digital Millennium Copyright Act (DMCA), it is unlawful to

> circumvent digital rights management or related technological protections

> built into a work, such as an ebook, unless the Librarian of Congress has

> established an exemption allowing circumvention in certain contexts. The

> exemption that the Librarian of Congress has established now allows

> individuals with print disabilities, as well as public and nonprofit

> organizations with a primary mission to meet their information access

> needs,

> to avoid the subst penalties that would otherwise be imposed. The

> recently-adopted exemption ensures access to all:


> "Literary works, distributed electronically, that are protected by

> technological measures which either prevent the enabling of read-aloud

> functionality or interfere with screen readers or other applications or

> assistive technologies, (i) when a copy of such a work is lawfully obtained

> by a blind or other person with a disability, as such a person is defined

> in

> 17 U.S.C. 121; provided, however, the rights owner is remunerated, as

> appropriate, for the price of the mainstream copy of the work as made

> available to the general public through customary channels; or (ii) when

> such work is a nondramatic literary work, lawfully obtained and used by an

> authorized entity pursuant to 17 U.S.C. 121."


> This sweeping exemption represents a marked improvement over the original

> exemption first granted in 2003 but which the Copyright Office had

> abandoned

> altogether in recent years. By reinstating and expanding this exemption, it

> is now clear that both individuals and organizations may freely bypass

> copyright protection measures that get in the way of accessibility. By

> explicitly granting authorized entities (as defined by the so-called Chafee

> Amendment) to circumvent protection measures, and thereafter to widely

> distribute the content in specialized formats including electronic format,

> this exemption should prove very useful in the ongoing effort to achieve

> equality in information access.


> The Librarian of Congress also granted a narrow exemption concerning audio

> visual works for the purpose of research and development in the fields of

> captioning and description. This limited exemption, while falling well

> short

> of the exemption proposed by the deafness and vision loss communities which

> would have broadened dissemination of third-party-produced captioned and

> described video content when rights owners fail to caption or describe

> their

> productions, will nevertheless help to facilitate the proliferation of new

> and creative means for the delivery of both captioning and description in

> the DVD and online video spaces. The full notice about the DMCA exemptions

> and all supporting materials can be found at:


> http://www.copyright.gov/1201





> ------------------------------


> Message: 2

> Date: Tue, 06 Nov 2012 12:13:13 -0700

> From: <tammy at rozenberg.us>

> Subject: RE: [Athen] colleges that share transcripts or captions?

> To: "Access Technology Higher Education Network"

> <athen-list at u.washington.edu>

> Cc: karen.sorensen at pcc.edu

> Message-ID:

> <

> 20121106121313.16856487cdae64aa538e08f6f7ac31c1.b3af1128a5.wbe at email14.secureserver.net

> >


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> Message: 3

> Date: Tue, 6 Nov 2012 19:45:05 +0000

> From: John Elmer <JElmer at vcccd.edu>

> Subject: RE: [Athen] colleges that share transcripts or captions?

> To: Access Technology Higher Education Network

> <athen-list at u.washington.edu>

> Message-ID:

> <E26567399CC30147A525B0B4E05C04C6A3C75164 at D2010MAIL01.ad.vcccd.edu

> >

> Content-Type: text/plain; charset="utf-8"


> How do you feel that the purchased for “personal use†element fits in

> with the idea of sharing?


> John F. Elmer

> Alternate Media Specialist

> Educational Assistance Center (DSP&S)

> Ventura College

> 4667 Telegraph Road

> Ventura, CA 93003

> 805.654.6400, x1278


> From: athen-list-bounces at mailman1.u.washington.edu [mailto:

> athen-list-bounces at mailman1.u.washington.edu] On Behalf Of

> tammy at rozenberg.us

> Sent: Tuesday, November 06, 2012 11:13 AM

> To: Access Technology Higher Education Network

> Cc: karen.sorensen at pcc.edu

> Subject: RE: [Athen] colleges that share transcripts or captions?


> Hi Karen,


> I read through the new LOC guidelines that Ron sent the link for this am.

> If a copyright owner (as defined in the Chaffee Amendment) does not make

> their AV/Multimedia material accessible (captioning and/or descriptive

> oration), a third-party may do so without obtaining direct consent if used

> for educational purposes or if purchased through normal means for personal

> use, without violating copyright statutes or rights.


> Because this is at the federal level, it supercedes state codes. Sharing

> can now occur, if for educational purposes and students with documented

> sensory or print disabilities, without fear of copyright violation.


> Although there are some that are disappointed with the limitations that

> are still in place, I think that this is a huge step in the right direction.


> Kind Regards,

> Tammy

> -------- Original Message --------

> Subject: [Athen] colleges that share transcripts or captions?

> From: Karen Sorensen <karen.sorensen at pcc.edu<mailto:karen.sorensen at pcc.edu

> >>

> Date: Fri, November 02, 2012 12:36 pm

> To: athen-list at u.washington.edu<mailto:athen-list at u.washington.edu>


> Hi -

> Does anyone know of a state that shares captions or transcripts between

> colleges? I seem to remember that one did, but I don't know how they got

> around copyright infringement.

> We are requesting funding from the state for captioning that could be used

> by all 17 community colleges in the state. It would really help our request

> if we could say that we will share the captions or transcripts (if that's

> not a copyright violation).

> Anyone have any suggestions?

> Thanks,

> Karen

> Karen M. Sorensen

> Accessibility Advocate for Online Courses

> www.pcc.edu/access<http://www.pcc.edu/access>

> Portland Community College

> 971-722-4720<tel:971-722-4720>



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