Are there copyright implications in providing accommodations under the Americans with Disabilities Act (ADA)?
Question
I've been asked to check about the copyright regulations for disabled patrons who want to copy an entire book if they do not own the book. Previously, the Library's Copy Services would not copy an entire book unless the patron owned it. Sometimes patrons with visual impairments need the print enlarged in order to see it. I've also emailed the Office of Disability Services to ask if he can suggest any guidelines. Thanks.
Response
Take a look at the definition of specialized formats in section 121(d)(4) of the Copyright Act which includes large print formats - http://www.copyright.gov/title17/92chap1.html#121. What is unclear is just how narrow the definition of "person with disabilities" in the Copyright Act is. Some unit within SU could probably be characterized as an authorized entity within the meaning of the act.
The Co-Director of the Center on Human Policy, Law, and Disability Studies in the College of Law suggests that if a student or employee needs the text in order to copy it for larger print, then the university must provide it as an accommodation and the Library or ODS could facilitate permissions and payments for such accommodations. This issue arises only when the publisher cannot provide a text in large print. More and more publishers these days do provide alternate formats of their texts.
