digitization and libraries

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• November 13, 2006 @ 12:15pmCandice Martin says:

  I would greatly appreciate if someone can provide me with information on digitization and how it affects libraries, newspapers and blind people
• November 17, 2006 @ 9:50amksmith says:

  Are you asking if libraries can digitize newspapers to make them more accessable to the visually impaired?
  
  I am not aware of a specific exception to the copyright law that would allow this. The only specific provision I know of for the visually impaired is the administrative rule exception to the anti-circumvention section of the DMCA that allows circumvention of technological protection on e-books to accomplish access for the disabled, but this does not provide for digitizing text. Fair use might well apply to digitizing newspapers for the blind, given the non-profit purpose, factual nature of the material and low impact on the market. But there may be commercial markets targeting news for the blind that I am unaware of and about which others can comment.
  
  If this is not responsive to the question you are asking, please clarify.
• November 21, 2006 @ 11:19amksmith says:

  Since I am spending the day correcting myself on this forum, I will add to this thread that there is a provision in the Copyright Act allowing for digitization of materials for the blind -- section 121. But that provision is very narrow; it allows only an "authorized entity" to do such digitization, and it defines as an quthorized entity only a non-profit organization whose primary mission is to provide special services, education or adaptive reading access for the blind or otherwise disabled. If that definition fits Ms Martin's situation, the provision allows digitization into a "specialized format exclusively for use by blind or other persons with disabilities." For libraries with a more general patron base and audiance, this provision is not helpful; a fair use argument would still be necessary.
• November 22, 2006 @ 7:57amCOvalle says:

  I was looking for that provision- I recalled reading it but couldn't find it in my brief search. Thanks.

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