[Athen] colleges that share transcripts or captions?

Humbert, Joseph A johumber at iupui.edu
Thu Nov 8 08:05:30 PST 2012

Unfortunately, the accepted exception:

E. Motion Pictures and Other
Audiovisual Works—Captioning and
Descriptive Audio

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.

Does not provide any exemption for the creation of (and sharing of) caption/audio descriptions. Specifically, “the Register” states it would not at this time allow that exception due to the lack of evidence presented:

Beyond research and development, the Register found that the scope of proponents’ intended uses was difficult to discern from
proponents’ written submissions, as the papers were fraught with broad generalizations. During the hearing, proponents were able to articulate three broad categories of conduct: (1) Conducting research and development on accessible technologies to develop a player capable of presenting or manipulating captions or descriptive audio (as discussed above); (2) creating such captions or descriptive audio or corrections thereto; and (3) presenting such captions or descriptive audio along with the underlying lawfully acquired work. Still, the precise contours of certain aspects of the proponents’ intended exploitation of the proposed exemption remained elusive.

However, fair use analyses are, by statute, necessarily fact specific. Most of the proposed uses relating to the creation of captions and descriptive audio proposed by the proponents were so generally described that the Register found it impossible to evaluate whether they would be non-infringing. For example, proponents discussed both creating captions for content that is uncaptioned, including through crowdsourcing techniques, and fixing incorrect or poorly implemented captions. Each of these activities could have different implications under a traditional fair use analysis. Absent specific facts pertaining to the particularized uses, however, such an analysis was not possible.

The Register and NTIA were in agreement on the need to ‘‘open the doors for innovation and empower the millions of Americans with visual and hearing disabilities to participate to the fullest possible extent in our society’s multimedia culture.’’ However, for the reasons described above, the Register determined that, based on the current record, a more narrowly tailored class to permit research and development of assistive technologies was appropriate. The Register nonetheless made a point of encouraging the continued development of accessibility technologies and future proposals for exemptions to advance such efforts.

Joe Humbert, Adaptive Technology and Accessibility Specialist
UITS Adaptive Technology and Accessibility Centers
Indiana University, Indianapolis and Bloomington
535 W Michigan St. IT214 E
Indianapolis, IN 46202
Office Phone: (317) 274-4378
Cell Phone: (317) 644-6824
johumber at iupui.edu<mailto:johumber at iupui.edu>

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 8:48 PM
To: Access Technology Higher Education Network
Subject: RE: [Athen] colleges that share transcripts or captions?

I think that point 8 in the opinion makes this applicable for sharing.

Also, it points to the Chaffee Amendment. The alternate text is for the student's personal use. I think that contextually it means that we are limited to providing to students with print and sensory disabilities, but prohibited from general distribution i.e. providing a link to a school hosted captioned copy for an entire class vs. a student with a disability.

Make sense?
-------- Original Message --------
Subject: RE: [Athen] colleges that share transcripts or captions?
From: John Elmer <JElmer at vcccd.edu<mailto:JElmer at vcccd.edu>>
Date: Tue, November 06, 2012 12:45 pm
To: Access Technology Higher Education Network
<athen-list at u.washington.edu<mailto:athen-list at u.washington.edu>>
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> [mailto:athen-list-bounces at mailman1.u.washington.edu] On Behalf Of tammy at rozenberg.us<mailto:tammy at rozenberg.us>
Sent: Tuesday, November 06, 2012 11:13 AM
To: Access Technology Higher Education Network
Cc: karen.sorensen at pcc.edu<mailto: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,
-------- 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?
Karen M. Sorensen
Accessibility Advocate for Online Courses
Portland Community College

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