Physical impairments are pretty much on a par with VI according to the
PLS Guidelines - http://www.cla.co.uk/copyrightvillage/vpguidelines.pdf
"For the purposes of these Guidelines visually impaired people are taken
to include . . . those who are unable through physical disability to
hold or manipulate books or to focus or move their eyes or who are
otherwise physically unable to use available published formats."
and according to the Copyright (Visually Impaired Persons) Act 2002
http://www.hmso.gov.uk/acts/acts2002/20020033.htm#6 - "(c) who is
unable, through physical disability, to hold or manipulate a book; or
(d) who is unable, through physical disability, to focus or move his
eyes to the extent that would normally be acceptable for reading. "
But with dyslexia you are caught between the rock of omission from these
documents and the hard place of DDA/SENDA, which obliges you to make
reasonable adjustments for a dyslexic person the same as any other
disability.
Personally I think that the law is such an ass making this distinction
in copyright where there is none in the disability legislation that you
have little option but to use your common sense and be prepared to join
most of us in this forum on the barricades. The USA is more sensible and
brackets both groups under Reading Impairment, and is increasingly
compelling publishers of educational texts to make electronic versions
available. Why should scanning be seen as such a privilege? It is a real
pain compared with having the text available in the electronic format
that you need in the first place.
Moreover, the latest research suggests that Meares/Irlen syndrome, which
accounts for a lot of people with "dyslexic" reading difficulties, is
actually related to, even caused by a physical inability to move and
focus the eyes accurately and in synchrony. So perhaps even dyslexia is
covered, even though it wasn't intended to be.
Either way, I wouldn't like to be the publisher or CPS who risked such a
prosecution of people with learning difficulties or a responsible
organisation that was helping them.
But it would be nice if the law was clear and fair.
Regards
Ian Litterick
www.dyslexic.com
www.iansyst.co.uk
> -----Original Message-----
> From: Jane Tomlinson [mailto:[log in to unmask]]
> Sent: 23 October 2003 13:03
> To: [log in to unmask]
> Subject: [DIS-FORUM] Scanners and copyright law
>
>
> Hi,
> Could anyone offer me some advice on the use of scanners in
> the library
> for disabled users. I know the recent copyright legislation allows
> visually impaired students to use a scanner in the library but what
> about other students such as dyslexic students and students with
> physical impairments that need to use a scanner with text read & write
> software. How are other Higher Education Libraries getting around the
> copyright restrictions? Can it be argued that the DDA part 4 states we
> need to make reasonable adjustments and therefore all
> disabled students
> should have access to a scanner.
>
> Thanks for your help
> Jane
>
>
> --
> Jane Tomlinson
> Media Librarian / LLR Disability Rep
> London College of Fashion
> 20 John Princes Street
> London
> W1M 0BJ
> 02075147545
>
>
---------------------------Disclaimer---------------------------
Unless obviously public, this email is confidential to the intended recipient(s). If you received it in error please tell the sender and then delete it. We check emails from dyslexic.com and iansyst.co.uk, but you should virus check incoming emails. Emails do not always represent our official policy or a contract. Errors and omissions are excepted.
iANSYST Ltd, Fen House, Fen Road, CAMBRIDGE, CB4 1UN. T +44(0)1223 420101; Fax +44(0) 1223 42 66 44; [log in to unmask]
|