[bksvol-discuss] Bookshare's Follow-Up With Author
- To: <bksvol-discuss@xxxxxxxxxxxxx>
- Date: Tue, 2 Sep 2008 12:22:37 -0700
Hi All,
Just wanted to forward an excerpt from our Publisher Liaison's wonderful note
to an author who had voiced concern last week about the legality of Bookshare.
We've since received a very gracious note from the author note thanking us for
the detailed explanation, and informing us that we currently appear under a
list of e-piracy sites, that such a listing was clearly in error, and that she
would so advise the creator of the list. The excerpt follows at the end of this
mail.
It is heartening to know that we collectively have the resources, understanding
and accurate information to quickly and smoothly resolve such issues when they
come up.
All good things,
Pavi Mehta
Volunteer Coordinator, Bookshare
Benetech
480 S. California Ave., Suite 201
Palo Alto, CA 94306-1609 USA
Phone: +1 650 644-3459
pavim@xxxxxxxxxxxx
www.benetech.org
The Benetech Initiative - Technology Serving Humanity
A Nonprofit Organization
"I am writing in response to your email of August 26 to one of our volunteers
regarding your concerns about why your book has been made available in a
disability-accessible form on Bookshare.org without your permission. I am
copying our CEO, Jim Fruchterman, to whom these issues are of highest
importance, as well as Pavi Mehta, who heads up our volunteer effort, and our
volunteer who received your email.
I hope that by providing you with some background information about
Bookshare.org and the legal issues that make it possible for us to scan and
share books with our print-disabled members, you'll feel reassured about the
security of your copyright and, we hope, gratified that our members felt that
your book was an important addition to our collection.
In 1996, Congress passed an amendment to the copyright law, the Chafee
Amendment, creating a narrow exemption to copyright law for certain nonprofit
groups that create accessible books for qualified disabled users.
Bookshare.org, which is an initiative of Benetech, one of Silicon Valley's
leading nonprofits, was created to provide accessible books to this seriously
underserved population of blind, vision-impaired, severely dyslexic, and
physically disabled individuals. We have relied on the hard work of volunteers
(many of them themselves print-disabled) who select and scan books that they
wanted to be able to read in an accessible format (Braille, synthetic speech
and large print).
It is critically important to know that our members all must be certified as
disabled by a qualified professional as meeting the requirements of the Chafee
Amendment to download the books that we offer. Additionally, we have put
controls in place to restrict access to people with bona fide disabilities.
We take our obligations under the copyright law extremely seriously to serve
disabled people while preventing access to the books by people without
disabilities. We worked very closely with the Association of American
Publishers before Bookshare.org was launched to ensure that publishers
supported our endeavor and had confidence in our ability to protect the works
of the authors whose books were submitted to us. We also take relations with
authors very seriously. We have an agreement with the Science Fiction and
Fantasy Writers of America, where SFWA encourages their members to voluntarily
provide high quality versions of their books to Bookshare.org and Bookshare.org
commits itself to helping fight e-piracy and respecting the rights of authors
to ensure disabled readers have access to faithful versions of the works.
Many authors and publishers have provided permissions to Bookshare.org to serve
people with disabilities in other countries, as well as providing high quality
digital versions of the works directly to us.
Below is more detailed information about the Chafee Amendment as well as the
system we've implemented to protect content from unauthorized use. I also
thought you might be interested in knowing a little more about us and Benetech,
our parent organization. Benetech's three main initiatives - around human
rights, the environment, and literacy - are truly world-changing.
We hope that once you know us better and have confidence in the measures we're
taking to ensure your content is not illegally shared, you'll be glad to be a
part of this important initiative."
ABOUT BENETECH AND BOOKSHARE.ORG
Bookshare.org is an initiative of Benetech, a Silicon Valley high-tech
nonprofit that provides technology solutions to social causes that otherwise
could not afford them. Benetech has global initiatives around human rights,
the environment, and literacy. The director of our human rights program, Dr.
Patrick Ball, was the lead-off expert witness in the Slobodan Milosevic trial
in The Hague based on the work Benetech did in Kosovo and our initiative in
Guatemala to organize 80 million documents in a recently discovered police
archive was featured recently on PBS's Frontline. Benetech was founded by Jim
Fruchterman, a 2006 MacArthur Fellow, who is a widely regarded social
entrepreneur.
Bookshare.org is a global online library for blind, vision impaired, learning
disabled, and physically disabled readers to download into a variety of formats
(Braille, synthetic speech, speech to text, large print). We received a $32
million award from the Department of Education last fall to provide free
accessible library services for five years to every American student with a
print disability. We currently have 40,000 books and 28,000 disabled members.
LEGAL INFORMATION
An exception in the U.S. copyright law - The Chafee Amendment (see below) --
makes Bookshare.org possible under the law in the United States, as long as
the copyrighted digital books are only available to people with bona fide
disabilities.
The Bookshare.org site does not provide access to copyrighted works for the
general public.
Although the requirements of the copyright law exception are quite clear,
Bookshare.org has gone beyond these requirements to ensure broad support for
the project. We have been working with the Association of American Publishers,
the main industry group, to address publishers' concerns in the design of the
service. We are also working with the leading disability organizations,
including the Library of Congress and Recording for the Blind & Dyslexic. With
extensive input from consumers, publishers and leading organizations, we have
created a plan for Bookshare.org that can be supported by a broad array of
interests.
Legal Requirements
Bookshare.org is an online community that allows users with print disabilities
to legally share books. It includes the necessary controls to protect against
use by non-disabled persons. Bookshare.org meets the requirements of the
relevant section of copyright law, 17 U.S.C. § 121:
"... it is not an infringement of copyright for an authorized entity to
reproduce or to distribute copies of a previously published, nondramatic
literary work if such copies are reproduced or distributed in specialized
formats exclusively for use by blind or other persons with disabilities."
* Copies may not be reproduced or distributed in a format other than a
specialized format exclusively for use by blind or other persons with
disabilities.
* Must bear a notice that any further reproduction or distribution in a format
other than a specialized format is an infringement.
* Must include a copyright notice identifying the copyright owner and the date
of the original publication.
* "Specialized formats" means Braille, audio, or digital text which is
exclusively intended for use by blind or other persons with disabilities.
As a project of the Benetech nonprofit organization, Bookshare.org meets the
definition of an authorized entity.
Bookshare.org is based on electronic Braille and digital talking book standards
and copyright law recognizes these digital formats as specialized formats for
the disabled. Braille books and four-track audio cassettes are the most
commonly recognized specialized formats in use over the past thirty years.
In addition, some publishers and authors have provided permission for books and
other publications they provide in digital form to be made available in
accessible digital formats to individuals with qualifying disabilities either
just within the United States or worldwide.
THE CHAFEE AMENDMENT
Copyright Law of the United States and Related Laws
Contained in Title 17 of the United States Code Circular 92
Chapter 1
Subject Matter and Scope of Copyright
§ 121. Limitations on exclusive rights: reproduction for blind or other people
with disabilities1
(a) Notwithstanding the provisions of section 106, it is not an infringement of
copyright for an authorized entity to reproduce or to distribute copies or
phonorecords of a previously published, nondramatic literary work if such
copies or phonorecords are reproduced or distributed in specialized formats
exclusively for use by blind or other persons with disabilities.
(b) (1) Copies or phonorecords to which this section applies shall -
(A) not be reproduced or distributed in a format other than a specialized
format exclusively for use by blind or other persons with disabilities;
(B) bear a notice that any further reproduction or distribution in a format
other than a specialized format is an infringement; and
(C) include a copyright notice identifying the copyright owner and the date of
the original publication.
(2) The provisions of this subsection shall not apply to standardized, secure,
or norm-referenced tests and related testing material, or to computer programs,
except the portions thereof that are in conventional human language (including
descriptions of pictorial works) and displayed to users in the ordinary course
of using the computer programs.
(c) Notwithstanding the provisions of section 106, it is not an infringement of
copyright for a publisher of print instructional materials for use in
elementary or secondary schools to create and distribute to the National
Instructional Materials Access Center copies of the electronic files described
in sections 612(a)(23)(C), 613(a)(6), and section 674(e) of the Individuals
with Disabilities Education Act that contain the contents of print
instructional materials using the National Instructional Material Accessibility
Standard (as defined in section 674(e)(3) of that Act), if -
(1) the inclusion of the contents of such print instructional materials is
required by any State educational agency or local educational agency;
(2) the publisher had the right to publish such print instructional materials
in print formats; and
(3) such copies are used solely for reproduction or distribution of the
contents of such print instructional materials in specialized formats.
(d) For purposes of this section, the term -
(1) "authorized entity" means a nonprofit organization or a governmental agency
that has a primary mission to provide specialized services relating to
training, education, or adaptive reading or information access needs of blind
or other persons with disabilities;
(2) "blind or other persons with disabilities" means individuals who are
eligible or who may qualify in accordance with the Act entitled "An Act to
provide books for the adult blind", approved March 3, 1931 (2 U.S.C. 135a; 46
Stat. 1487) to receive books and other publications produced in specialized
formats; and
(3) "print instructional materials" has the meaning given under section
674(e)(3)(C) of the Individuals with Disabilities Education Act; and
(4) "specialized formats" means -
(A) braille, audio, or digital text which is exclusively for use by blind or
other persons with disabilities; and
(B) with respect to print instructional materials, includes large print formats
when such materials are distributed exclusively for use by blind or other
persons with disabilities.
BOOKSHARE.ORG'S SEVEN-POINT DIGITAL RIGHTS MANAGEMENT PLAN
Bookshare.org makes active efforts to ensure that its collection and its users
abide by the law to maximize the benefits realized by the disability community
and minimize abuse. Bookshare.org controls the format of the materials that it
provides and ensures the appropriate copyright notices are in its digital
publications. Access is restricted to disabled individuals and other authorized
entities. Digital rights management helps to ensure that access remains limited
to those covered by the copyright law exemption.
1. Qualified Users
Only blind or other persons with disabilities that affect their ability to
access print are permitted to download copyrighted books. Bookshare.org follows
the procedures and standards for access to books that is now in use by
Recording for the Blind and Dyslexic (RFB&D). A Bookshare.org user must
register and supply a signed certification completed by an appropriate
professional in the field of disability services education, medicine,
psychology or a related area. The certifier must be a recognized expert who can
attest to the physical basis that limits the applicant's use of standard print.
Appropriate certifying experts may differ from disability to disability. For
example, in the case of blindness and visual impairments, an appropriate
certifier may be a physician, ophthalmologist, or optometrist. In the case of a
perceptual disability, a neurologist, learning disability specialist, or a
psychologist with a background in learning disabilities may be the most
qualified certifying professional.
In addition, since any U.S. resident who has previously submitted their proof
of disability to NLS (National Library Service for the Blind and Physically
Handicapped of the Library of Congress) would qualify under the law, we have a
cooperative agreement where NLS will certify to us that they have such proof
already.
2. Contractual Agreement
All Bookshare.org users have to agree to terms of use that forbid violation of
the copyright law restrictions on redistribution and use of copyrighted
material. Users who violate these terms will lose their access to Bookshare.org
and may suffer other legal consequences as a result of their actions. The AAP's
general counsel and GCs from leading publishers had the opportunity to comment
on these agreements and Bookshare.org made numerous changes in response to
their concerns.
3. Copyright Notice
In order to comply with the copyright law regulating the provision of
accessible books to people with disabilities (17 U.S.C. § 121), Bookshare.org
ensures that all copyrighted materials bear a notice that any further
reproduction or distribution in a format other than a specialized format is an
infringement. Such content includes a copyright notice identifying the
copyright owner and the date of the original publication.
In addition, there is other language reminding users of their obligations to
use this material only as permitted by their agreements with Bookshare.org and
the law. It also informs people who are not Bookshare.org users that their
possession of a Bookshare.org digital book is a violation of the copyright law
and that they should erase such a book without using or copying it. View the
text of the Bookshare.org Legal Agreements.
4. Encryption
Bookshare.org encrypts a requested book for a given user. A custom decryption
program is provided to each Bookshare.org customer. This program decrypts
content delivered for that user only and saves the decrypted content to the
specified DAISY or BRF (Braille) file.
5. Fingerprint
All copyrighted material downloaded is fingerprinted as part of the encryption
process so that the identity of the authorized user is contained within the
decrypted material in a difficult to find fashion. This way, if a user
illegally redistributes material downloaded from Bookshare.org, it is possible
to confirm both that the materials came from Bookshare.org and which user was
responsible.
6. Security Database
All transaction, encryption codes and fingerprints are stored in a database
enabling Bookshare.org to track any abuse to the source. Users are informed of
the existence of this database as part of Bookshare.org's privacy program, and
are informed of the limitations of the use of this data (it will only be used
to respond to abuse problems, and not for marketing or other purposes).
7. Security Watch Program
A security program monitors all transactions and will suspend any user whose
account exhibits any excessive downloading of content or other unusual
activity. This program will build usage profiles and over time will be
strengthened through experience to flag potential abuse. For example, there
will be an active effort to suspend accounts that show evidence of abuse.
To unsubscribe from this list send a blank Email to
bksvol-discuss-request@xxxxxxxxxxxxx
put the word 'unsubscribe' by itself in the subject line. To get a list of
available commands, put the word 'help' by itself in the subject line.
Other related posts:
