[Athen] Court Cases/decisions re: alternate format production

Sean Keegan skeegan at stanford.edu
Thu Jan 22 11:12:31 PST 2015

Hi Susan,

You can take a look at the list of court cases on the ATHEN site:

The CSU Fullerton case, the UC Berkeley case, and the Florida State University case are relevant to alternate format production. Also, although a bit dated, I think the 1996 OCR investigation of the California Community Colleges has some language that is still relevant (i.e., use of the term effective communication).

There may be others, but these are the ones that jump to mind with respect to alternate format production.

The only other case I can think of that is recent would be the Author's Guild vs. Hathi Trust (https://www.eff.org/cases/authors-guild-v-hathitrust). Check out the Opinion Granting Summary Judgement of Fair Use [PDF] as the judge includes a transformative use of creating accessible versions of the scanned materials.

Take care,

On Jan 22, 2015, at 10:31 AM, Susan Kelmer <Susan.Kelmer at Colorado.EDU> wrote:

> Looking for info on court cases that fell in our favor regarding the production of alternate format for students. I know there was a relatively recent case but can’t put my finger on it. One of my law students is working on a project and was asking me questions.


> Thanks!


> Susan Kelmer

> Alternate Format Coordinator

> Disability Services

> University of Colorado Boulder

> 107 UCB

> Boulder, CO 80309

> 303-735-4836


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> athen-list at mailman13.u.washington.edu

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