[senit] copyright and colour photocopying

From April this year, the Copyright Licensing Agency has extended permission

Paul

I appreciate your expression of caustion.

could we explore a theoretical scenario? 

Reader is in a school using the ORT. reader cannot read text. Reader can read Widgit Literacy Symbols (and is expanding their symbol sight vocabulary)

A page of an ORT book is scanned and opened in Communicate: in Print. Symbols are added. The page is then printed.

this makes the original accessible....

does this not meet the requirements of section 7?

dave
-----Original Message-----
From: senit-bounces at lists.becta.org.uk
[mailto:senit-bounces at lists.becta.org.uk]On Behalf Of Paul Nisbet
Sent: 23 June 2008 12:16
To: senit at lists.becta.org.uk
Subject: Re: [senit] copyright and colour photocopying

Hot news about copyright:

>From April this year, the Copyright Licensing Agency has extended permission
to create accessible books to cover all pupils who are disabled (previously
schools could only create accessible copies for those with a visual
impairment or physical disability, as Jamie says).

You can download the new licence from
http://www.cla.co.uk/Schools_licences.php. I've copied the relevant clause
into the bottom of this email.

The change has come about in part as a result of a request from the Scottish
Government (see press release at
http://www.scotland.gov.uk/News/Releases/2008/05/09141804), and we just
found out that the new permissions apply across the UK, not just in
Scotland. 

It means that schools can now create accessible versions of books in any
audio, digital or other print format, for pupils who cannot access the
standard print copy, without having to ask permission of the publisher. It
covers anyone who is disabled under the DDA, which includes learning
disability.

This will have huge implications because previously schools and voluntary
organisations were legally able to make and share Braille, Large print and
audio books for visually impaired pupils without asking permission but not
other print-disabled pupils; now we can make e.g. talking books in
powerpoint, scanned digital books read out with text to speech software,
etc.

To answer the original question from Dave: you can't alter the work beyond
what is needed to enable access and so copying the pictures from an ORT book
into your own reading activity I think wouldn't be covered by clause 7 in
the licence - I think it would be illegal. The licence does allow scanning
of 5% or a chapter, but I suspect that this means you can scan a complete
chunk of the book - i.e. a single complete chapter, or 5% containing both
pictures and words - I don't think you could scan all the pictures and not
the words and call it 5% of the book. 

Other useful stuff:

TechDis and the Publishers Association have a list of publishers' contacts
who you can ask for e.g. digital copies of books. See
http://www.publisherlookup.org.uk/.

TechDis also have a very good guide to making accessible books at
http://www.techdis.ac.uk/getaltformat.

See also our Books for All web site at http://www.booksforall.org.uk. 

Paul

Extract from the CLA Schools Photocopying and Scanning Licence

7. VISUALLY IMPAIRED AND DISABLED PERSONS

7.1 The provisions of this clause shall only apply where an Authorised
Person is visually impaired or otherwise disabled and by reason of such
visual impairment or disability is unable to read or access a Licensed Copy
made under the provisions of this Licence.

7.2 Notwithstanding the provisions of clause 5.2 the Licensee may make and
supply a copy (an "Accessible Copy") of part or the whole of any work within
Licensed Material in any alternative format that is more accessible to an
Authorised Person (as described in 7.1), whether in digital or audio format,
large or small print copies or embossed copies (whether produced in Moon or
Braille or otherwise) or in other formats on, and subject to, the following
conditions:

7.2.1 the Licensee must have lawful possession an original copy of any work
from which it makes an Accessible Copy;

7.2.2 the Licensee may only make an Accessible Copy of a work if and to the
extent that such work is not commercially available in a form accessible to
the Authorised Person for whom the Accessible Copy is made;

7.2.3 each Accessible Copy that exceeds the limits set out in clause 5.2
shall contain:

(a) a statement that it is a copy of the original work made under a CLA
Licence for the personal use of a visually impaired or a disabled person
and that it may not be further copied (including any electronic copying or
transmission) or dealt with without permission or save as may be
permitted by law;

(b) the title, as well as the name of the author and publisher, of the
original work and the published edition from which it is copied;

7.2.4 the Licensee may only charge for the supply of an Accessible Copy an
amount which does not exceed the cost of making and supplying it;

7.2.5 any Accessible Copy produced in a digital format may include
facilities for navigating around the Accessible Copy and any such other
facilities or changes (such as enlargement, reduction or colour selection of
the text or illustrations) as are necessary to enable the Authorised
Person for whom the Accessible Copy is made to access the Accessible Copy
provided that:

(a) such changes do not amount to a derogatory treatment of the work;

(b) no other digital manipulation of the work is made whether by way of
optical character recognition, morphing, colour or shade adjustment
beyond what is necessary to make the Accessible Copy accessible to the
Authorised Person for whom the Accessible Copy is made;

7.2.6 that the Accessible Copy is only to be used for the benefit of
Authorised Persons.

7.3 An Authorised Person is to be regarded as visually impaired or disabled
for the purposes of this clause if he would be regarded as a "visually
impaired person" in accordance with s.31F (9) of the Copyright, Designs and
Patents Act 1988, or, as appropriate, as a disabled person in
accordance with s.1 of the Disability Discrimination Act 1995.

_______________________________________________
Paul D. Nisbet
Senior Research Fellow
Communication, Access, Literacy and Learning (CALL) Scotland
Moray House School of Education
University of Edinburgh
Paterson's Land, Holyrood Road
Edinburgh EH8 8AQ
Tel. 0131 651 6236     Fax 0131 651 6234
email Paul.Nisbet at ed.ac.uk

CALL Centre:    http://callcentrescotland.org.uk 
SQA Digital Exam Papers: http://www.AdaptedDigitalExams.org.uk 
The Scottish Computer Voice: http://www.theScottishVoice.org.uk 
Books for All:    http://www.booksforall.org.uk  
Books for All blog: http://pauln.edublogs.org/
WordTalk reader for Word: http://www.wordtalk.org.uk 

The University of Edinburgh is a charitable body, registered in Scotland,
with registration number SC005336.
_________________________________________________

-- 
The University of Edinburgh is a charitable body, registered in
Scotland, with registration number SC005336.

-----Original Message-----
From: senit-bounces at lists.becta.org.uk
[mailto:senit-bounces at lists.becta.org.uk] On Behalf Of Jamie Munro
Sent: 23 June 2008 11:00
To: senit at lists.becta.org.uk; Mitchell, Dave (ChS-ISSS)
Subject: Re: [senit] copyright and colour photocopying

It's a very fuzzy area but as I understand the current position, you can
currently make a digital copy for someone who is visually impaired or has a
physical disability that prevents them from using a conventional book but
NOT for someone who has a learning difficulty.

What we need is something like the NIMAS legislation in the US that requires
publishers to make material available in accessible formats.

It seems mad that publishers start with an electronic version of a
publication, print it on paper, use valuable resources getting it to the
educational establishment, who them have to spend time and materials putting
it back into an electronic format.

Jamie

> From: "Mitchell, Dave (ChS-ISSS)" <dmitchell at worcestershire.gov.uk>
> Reply-To: <senit at lists.becta.org.uk>
> Date: Mon, 23 Jun 2008 10:45:24 +0100
> To: <senit at lists.becta.org.uk>
> Conversation: [senit] copyright and colour photocopying
> Subject: Re: [senit] copyright and colour photocopying
> 
> Sarah
> thanks for raising this agin.
> I cannot find the link but there is an explanation on a gov't site... name
> escapes me ... CPA (copyight protection agency?)
> 
> If my memory serves well (?) either Adrian Higginbotham (becta) or Ian
> Butterworth (The ACE Centre) know something here
> 
> I have been acting on the the folllowing basis:
> - does copyright apply? if so then apply following. If not... do what you
> want.
> - own an original (ie can demonstrate I paid for a paper version)
> - digital copy can be made to enable soemone who has a sensory/physical or
> learning difficulty that results in them not being able to access the
paper
> version
> - do not copy the digital copy to others.
> 
> .......
> 
> this is how I operate:
> - does copyright apply?
> - no, then look at project guttenburg and other sites that have e-versions
of
> books. If not available then follow below
> -yes, then acquire a legitimate copy of the publication and retain
receipt.
> - to convert books:
> - take the book to a printer / print dept and ask them to cut off the
binding
> (usually 2/3 mm is sufficient off perfect binding)
> - take the cut book to a scanner that has automatic document feeder  (adf)
> with  duplex scanning and feed  chapter by chapter (there will be a limit
to
> the number of pages an adf can handle at any one time) (we use HP mfp...
which
> scans and email a pdf of each chapter to my email address)
> - use OCR to convert the scanned documents. (we use Scan2Text or ClaroRead
> Plus (which has Scan2Text)
> - copy text to appropriate application (fascinating when copied to
> Communicate: in Print!!!)
> - also produce MP3
> 
> 
> 
> Dave Mitchell
> 
> -----Original Message-----
> From: senit-bounces at lists.becta.org.uk
> [mailto:senit-bounces at lists.becta.org.uk]On Behalf Of Sarah Anderson
> Sent: 21 June 2008 22:02
> To: senit at lists.becta.org.uk
> Subject: Re: [senit] copyright and colour photocopying
> 
> 
> 
> Hi
> I know we've had discussions in the past about copyright but I wanted to
raise
> it again.  I'm currently writing our acceptable use of IT policy and
thought I
> really ought to included copyright info as it is referred to from the
music
> download perspective in Kent's e-safety policy and Becta advice.  I'm
> considering it from the scanning and colour photocopying perspective.
> I've scanned books and made them into powerpoint books for pupils. I know
it
> was said this was allowed for pupils with visual impairment but I'm using
it
> generally around school. A breach of copyright?  A member of staff made a
> lovely border for her display on 'Funnybones' using part of a picture from
the
> book (think this is ok as it's less than 5% of book).  I'm currently
making a
> reading activity for a pupil using copied pictures from his ORT book.
> We're due an LA internal IT audit so I wanted to get this right, but
please
> tell me if you think I'm being too pernickity (sp?)
> Sarah
> _________________________________________________________________
> 
> http://clk.atdmt.com/UKM/go/msnnkmgl0010000009ukm/direct/01/
> 
> 
> 
> 
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