I was always under the impression that you can copy (and therefor scan) a
book as long as you do not copy all of it. Your problem might be solved by
just scanning the chapters needed by the student. However, I'm not certain
if this is just common practice or if there are any laws or policies to back
this up. It certainly is the practice we follow at Dewsbury College for our
disabled students.

Elvira Haeussler
Dewsbury College

-----Original Message-----
From: Bernard Doherty [mailto:[log in to unmask]]
Sent: 24 October 2003 12:08
To: [log in to unmask]
Subject: Re: Scanners and copyright law


Ian's outline of the paradoxical nature of the situation is so
obviously true that any fair-minded reader must ask how such a
situation was ever created and how can it be allowed to stand.  How are
the apparently competing demands of rights laws and disability
legislation to be ordered?  Unfortunately, this has already been
decided: the wording of SENDA established that its terms do not replace
existing legislation.

The clear intention is that the DDA should not be used as a lever by
judges or tribunals to make extra-parliamentary alterations to
legislation in other areas where practice has been clearly established.
It is an awkward situation, but it seems there will be no incentive for
publishers and those they represent to change their position until they
are returned to a sea of 17th-century-style pirac.  They will be
obliged to think of new ways to make money and ask for new legislation
to protect whatever practices are eventually established in an era of
electronic literacy (oh, I'm such a phrase-maker). At the moment, it
seems there are very few levers or incentives currently available to
persuade one side in the debate that it needs to change as a matter of
urgency for the good of others.

Regards, Bernard

On Fri, 24 Oct 2003 11:29:13 +0100 Ian Litterick <[log in to unmask]>
wrote:

> 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
> >
> >
>
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----------------------
Bernard Doherty
Student Adviser
ACCESS Centre
Anglia Polytechnic University

Tel: 01223 363271 x2534
Fax: 01223 417730
Minicom: 01223 576155
[log in to unmask]