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

Robert Espero roberte at uci.edu
Thu Jan 22 12:08:36 PST 2015

I was only aware of about half of what both you cited. Are there any links to the CSU Fullerton and Florida St. cases? How about the University of Montana and University of Colorado?

Any info would be appreciated!


Robert Espero
Assistant Director, Accessible Technologies
Disability Services Center
UC Irvine

From: athen-list [mailto:athen-list-bounces at mailman13.u.washington.edu] On Behalf Of Ron
Sent: Thursday, January 22, 2015 11:44 AM
To: Access Technology Higher Education Network
Subject: Re: [Athen] Court Cases/decisions re: alternate format production

There are also a series of more recent cases, while they do not speak to alt format in particular they do speak to accessible curricular materials. Louisiana Tech is an interesting case in point. University of Montana, and most recently the University of Colorado but I have not seen a settlement letter on this one yet.

Ron Stewart

On Thursday, January 22, 2015, Sean Keegan <skeegan at stanford.edu <mailto:skeegan at stanford.edu> > wrote:

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 <javascript:_e(%7B%7D,'cvml','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.


Susan Kelmer

Alternate Format Coordinator

Disability Services

University of Colorado Boulder

107 UCB

Boulder, CO 80309


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