[net-gold] DISABILITIES : EDUCATION: READING : INFORMATION ACCESS : COPYRIGHT: Support for Instrument on Copyright Exceptions, Reading-Disabled Treaty

  • From: "David P. Dillard" <jwne@xxxxxxxxxx>
  • To: Net-Gold <Net-Gold@xxxxxxxxxxxxxxx>, Temple University Net-Gold Archive <net-gold@xxxxxxxxxxxxxxxxxxx>, Temple Gold Discussion Group <TEMPLE-GOLD@xxxxxxxxxxxxxxxxxxx>, Net-Gold <net-gold@xxxxxxxxxxxxxxxx>, Sean Grigsby <myarchives1@xxxxxxxxxxxxxxx>, Educator Gold <Educator-Gold@xxxxxxxxxxxxxxx>, Educator Gold <Educator-Gold@xxxxxxxxxxxxxxxx>, K12AdminLIFE <K12AdminLIFE@xxxxxxxxxxxxxxx>, Net-Platinum <net-platinum@xxxxxxxxxxxxxxx>, NetGold <netgold@xxxxxxxxxxxxxxx>, "Net-Gold @ Nabble" <ml-node+3172864-337556105@xxxxxxxxxxxxx>, K-12ADMINLIFE <K12ADMIN@xxxxxxxxxxxxxxxxxxx>, MediaMentor <mediamentor@xxxxxxxxxxxxxxx>, Digital Divide Diversity MLS <mls-digitaldivide@xxxxxxxxxxxxxxx>, net-gold@xxxxxxxxxxxxx
  • Date: Sun, 31 Jan 2010 15:41:15 -0500 (EST)



.


DISABILITIES :
EDUCATION: READING :
INFORMATION ACCESS :
COPYRIGHT: Support for Instrument on Copyright Exceptions, Reading-Disabled Treaty



Support for Instrument on Copyright Exceptions, Reading-Disabled Treaty
SUNS #6709 Friday 29 May 2009
Third World Network (TWN)
<http://www.twnside.org.sg/title2/intellectual_property/ info.service/2009/twn.ipr.info.090602.htm>


A shorter URL for the above link:


<http://tinyurl.com/yajmd4c>


The text of the proposed treaty is one that was proposed by the World Blind Union (WBU) at last November's SCCR meeting. The proposed treaty is intended to facilitate and enhance access to protected works for the blind, visually impaired, and other reading-disabled persons.

The proposed treaty is historic in WIPO, as it proposes carving out minimum E&L in the interest of the public, as opposed to giving more rights to the right-holders, which is usually the subject of discussion at the SCCR.

The issue of E&L gained momentum following a proposal by Brazil, Chile, Nicaragua and Uruguay at the sixteenth SCCR meeting (in July 2008) that the SCCR be committed to creating mandatory minimum E&L through means it deems appropriate. The sixteenth session of the SCCR was the first meeting to formally include the E&L on the Committee's agenda.

In a note attached to their proposal, the proponents of the treaty state that by undertaking such an initiative, "WIPO would act in accordance with the efforts undertaken by the UN to address the need for enhancing access to knowledge for the most vulnerable or socially prioritized sectors".

"Establishment of formal negotiations on limitations and exceptions would contribute to the broader aims of the Development Agenda, particularly the ones related to norm-setting," the note further adds.

Generally, the proposed treaty received strong support from developing countries and public interest groups. Some countries proposed launching negotiations on the basis of the proposed treaty.

The African Group sought an even more ambitious action on E&L, suggesting a broader treaty framework that would reflect the Development Agenda and include elements such as access to knowledge in the areas of education, research and transfer of technologies.

In introducing the proposed treaty on Wednesday, Brazil said that its proposal was an example of norm-setting for E&L for copyright for persons with disabilities, libraries and archives, educational activities and to foster technological innovations. It also said that the "text was not set in stone", adding that there was "consensus in the field of values" and "what we need now is the political will and a pragmatic spirit".

Ecuador, another proponent of the proposed treaty, said that the proposal was aligned with the objectives in the UN Convention on the Rights of Persons with Disabilities - i. e. "to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity".

It added that the success of the IP system relies on the balance between public and private interest and that the best way to broker the balance was to develop E&L.

It also said that there were 37 million blind people and 124 million people with low vision worldwide. 90 % of the visually impaired persons (VIP) live in developing countries, it added.

Paraguay said that it was convinced of the need to expand the proposed treaty to other groups with special needs. "We want to see a strong debate on this subject," it added.

Developing countries showed broad support for discussions on mandatory international instruments on minimum exceptions and limitations (E&L) to copyright, including the proposed treaty in the SCCR.


<snip>




Copyright treaty backing e-books for disabled readers survives US and EU resistance OUT-LAW News 03/06/2009
<http://www.out-law.com/page-10059>


A proposed treaty that would change copyright laws to allow the supply of books across borders for the benefit of blind people has survived resistance from the US, UK, France, Germany and other countries.

A committee of the World Intellectual Property Organisation agreed on Friday "to continue without delay" its work on "facilitating the access of blind, visually-impaired and other reading-disabled persons to copyright-protected works."

At the heart of this work is a treaty proposed by the charitable organisation World Blind Union (WBU) and written with the help of the UK's Royal National Institute of Blind People (RNIB) .

RNIB campaign manager Dan Pescod attended the five-day meeting in Geneva. Pescod told OUT-LAW today that the UK and the US were among a group of countries that did not support the treaty and preferred 'soft options', though they stopped short of formally opposing it.

Around 95% of books are never published in any format other than standard print, according to the WBU. But visually impaired people need books in other formats, such as large print, Braille and audio. People with other disabilities, such as cognitive impairments, can also find themselves 'print disabled'.

"Imagine if you walked into a bookshop or library, and were told that you were only allowed to choose from five percent of the books on the shelf," said WBU president Dr William Rowland in a speech last year. "What would such a limited choice do to your education, to your leisure reading opportunities?"

The WBU, RNIB and others have prepared a draft treaty that would relax copyright restrictions to allow the creation and supply of accessible books without the need for prior permission from the copyright owner. The treaty requires this generally to be done on a non-profit basis.

In some countries, it is already legal to create accessible books without permission. It was made legal in the UK by the Copyright (Visually Impaired Persons) Act, passed in 2002. But that law is limited in scope. The rights are limited to visually-impaired persons so while a person with dyslexia might benefit from a large-print book, or an electronic book which can be played using text-to-speech conversion software, the law does not facilitate that person.

Also, the UK law, like equivalent laws in other countries, does not allow the supply of a digital book to a customer overseas.

The WBU treaty, if signed and ratified in its present form, would lift these restrictions. It seeks to protect all 'reading disabled' persons and it allows the supply across borders of accessible works, as a Braille hard copy or as an e-book. At present, a tiny fraction of books that are available in accessible formats can be supplied across borders because their export requires the agreement of rights holders.




Copyright and Print Disability : Frequently Asked Questions (FAQ)
See also: media release on copyright changes (May 2006)
Version 1.2
October 2004
Australia.  Australian Human Rights Commission
<http://www.hreoc.gov.au/disability_rights/education/copyfaq.htm>


1. Introduction
This list of Frequently Asked Questions (FAQ) has been compiled by a committee established by the Australian Human Rights Commission (the Commission) that included representatives from government, the publishing industry, and copyright administrators.

The purpose of the FAQ is to assemble basic information about how the copyright legislative and administrative regime affects producers and users of accessible-format material (audio, Braille, e-text and large-print) in Australia. It is important to stress that, in some cases, definitive answers are not possible, mainly because of rapidly-changing technologies. Copyright regimes attempt to balance the rights of authors against the rights of end-users. In the case of end-users who have a print disability, there is the added responsibility to ensure that the aims and objects of the Disability Discrimination act (DDA) are promoted as far as possible.



The information contained in this FAQ will be of interest to:


People who have a print disability
Organisations that produce accessible-format materials for use by people with a print disability;


Educational institutions whose client group (potentially) includes people with a print disability.


Although every attempt has been made to ensure that the information provided below is accurate and useful, it should not be seen as a substitute for legal or other professional advice, and we recommend that you seek specialist advice if you want professional assurance that the following information, and your interpretation of it, is appropriate to your particular circumstances.


Covered in this FAQ:


2. General Information on Copyright in Australia

2.1. What is copyright?

2.2. How long does copyright last?

2.3. What law governs copyright in Australia?

2.4. Are there any international laws affecting copyright?

<http://www.austlii.edu.au/au/other/dfat/
subjects/Intellectual_Industrial_Property.html>


A shorter URL for the above link:


<http://tinyurl.com/yafw3aa>


2.5. How do I know if a work is subject to copyright?

2.6. When is copyright infringed?

2.7. What happens if I infringe copyright?

2.8. When may I copy a work?

a. Permissions

b. Fair dealing

c. Statutory licences

3. Questions about copyright for individuals with a print disability and institutions that provide material in accessible formats.

The questions and answers in this section assume familiarity with the material contained in Section 2 of this document. Australia.

3.1. How does the Copyright Act define print disability?

3.2. What is meant by an 'institution assisting persons with a print disability'?

3.3. How can an organisation become an 'institution assisting persons with a print disability' and take advantage of the statutory licence?

3.4. Exemptions

3.4.1. What exceptions to infringement under the Copyright Act are relevant to people with a print disability?

3.4.2. What are the limitations on exemptions to the Copyright Act for people with a print disability and institutions assisting them?

There are different limits on what may be copied and communicated by individuals with print disabilities, and by institutions assisting people with a print disability under the special provisions in the Copyright Act. In particular, institutions are not entitled to rely on these provisions where copies of the relevant versions are already commercially available.

3.4.3. Can individuals who have a print disability reproduce a work in an accessible format?

3.5. Statutory Licence Exemption

3.5.1. How does the Statutory Licence exemption work?

3.5.2. How do I know if the special rules for people with a print disability apply to my organisation?

3.5.3. How do institutions take advantage of the Statutory Licence provisions?

3.5.4. Are all forms of copyright material covered by the statutory licence?

3.5.5. Under what circumstances can an institution assisting persons with a print disability reproduce a work?

3.5.6. Does the statutory licence permit reproduction of a work in an accessible format?

3.5.7. Can an institution assisting persons with a print disability create a master of the work?

3.5.8. Can an institution assisting persons with a print disability get someone else to create a master on its behalf (for example, a student, an individual or another organisation)?

3.5.9. Is there a limit to the number of subsequent copies that can be made from a Master?

3.5.10. Can an institution assisting persons with a print disability charge for copies made under the statutory licence?

3.5.11. Can an institution assisting persons with a print disability make works available on an intranet site?

3.5.12. Can copyright owners grant permission to institutions to reproduce works in an accessible format outside the statutory licence scheme?

3.6. Copy protection and Circumvention Devices

3.6.1. What is a 'technological protection measure'?

3.6.2. What is a circumvention device?

3.6.3. When can a circumvention device be used to circumvent a TPM?

3.6.4. Is an Adobe Acrobat PDF a TPM?

4. For more information

The information contained in these frequently asked questions and answers has been drafted collaboratively by:


Commonwealth Attorney-General's Department,

Australian Copyright Council,

National Library of Australia,

Australasian Performing Right Association/Australasian Mechanical

Copyright Owners Society,

Australian Human Rights Commission,

Round Table on Information Access for People with Print Disabilities Inc.,

National Information and Library Service (NILS),

Australian Vice-Chancellors' Committee (AVCC),

Blind Citizens Australia (BCA),

Australian Publishers Association,

Pearson Education Australia,

NSW Department of Education and Training,

Copyright Agency Limited (CAL).


Any of these organizations can provide you with more information about copyright.


[There are no links on this web page for the list of organizations immediately above.]



Guidelines for Assisting People with Disabilities
The University of Melbourne
Australia
<http://www.unimelb.edu.au/copyright/information/fastfind/disable.html>


There are a number of provisions in the Copyright Act that will allow material to be reproduced in accessible formats to assist people with disabilities. The intended purpose and audience will determine which provision will apply. In most circumstances, the situation will need to be judged on a case-by-case basis. These guidelines, which outline the various provisions and how they can be used to assist people with disabilities, may assist. For further advice please contact the Copyright Office.

Overview of Copyright
Print Disability Provisions
Intellectual Disability Provisions
Statutory Licences for Education Purposes
Fair Dealing for the purpose of research & study
Personal Use
s 200AB - 'Certain Special Purposes'
Seeking Permission
Further Information



Copyright - Are people with sensory-disabilities getting a fair deal?
Denise Rosemary Nicholson,
University of Witwatersrand
<http://pcf4.dec.uwi.edu/viewpaper.php?id=379&print=1>


Abstract

Copyright has become a barrier to accessing information, particularly in developing countries. Many developing countries have signed international intellectual property agreements, which set down minimum standards for copyright protection. For various socio-economic and political reasons, most, if not all of them, have not yet incorporated all these requirements into their national copyright laws. Nor have they taken advantage of the legal limitations and exceptions allowed in these international agreements. This means that developing countries do not have provisions for persons with visual, aural or perceptual disabilities in their national copyright laws. As a result, copyright laws restrict or block access to information for persons with sensory disabilities and often override their fair use rights. Many of these people are distance learners because of their disabilities. This presentation will show, from a South African perspective, that copyright laws do not address people with sensory-disabilities or distance learners. It will give some practical examples where people with sensory-disabilities are not getting a fair deal at all!




Copyright and Students with Print Disabilities
Copyright Seminar
October 2008
Heather Cross
Carleton University Library
Canada
<http://www.library.carleton.ca/joymaclaren/copyright_disab.html>



Digital copyright and disability discrimination: From braille books to bookshare Suzor, Nicolas P. and Harpur, Paul D. and Thampapillai, Dilan (2008) Digital copyright and disability discrimination: From braille books to bookshare. Media & Arts Law Review, 13(1). p. 1.
Queensland University of Technology
Australia
<http://eprints.qut.edu.au/13337/>
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1138809>

In Australia, blind people are able to access texts in braille and books on tape, but the demand for these media is decreasing. Blind people today are increasingly reliant on texts in electronic form, and these are much less readily available in Australia. Electronic texts are more portable and less cumbersome than large braille volumes, and are much faster to navigate than audio recordings. However, in Australia it is difficult for blind people to get access to a wide range of electronic texts and there exists no scheme enabling such access. At the same time sighted people are using electronic text and other digital media at an ever-increasing rate. In order to approximate the same level of access as sighted people, blind people require access to accessible electronic versions of all published material. The authors suggest that given the legal imperatives of Australias domestic legislation, treaty obligations and social values, that there exists a moral imperative to create a scheme providing blind people with access to digital print media.




World Library and Information Congress:
70th IFLA General Conference and Council
22-27 August 2004
Buenos Aires, Argentina
Programme:
http://archive.ifla.org/IV/ifla70/prog04.htm
Towards the Ideal: Steps to Improved Access
Victoria Owen
Director, CNIB Library
Toronto, Canada
Victoria.owen@xxxxxxx
<http://archive.ifla.org/IV/ifla70/papers/121e-Owen.htm>

Abstract: The Library of the Canadian National Institute for the Blind (CNIB), a leader in library service development for people blind and print disabled, has embarked on two innovative plans to acquire digital content from publishers, in order to facilitate alternate format production of braille, e-text and audio materials. CNIB Library has contracted for licensed access to the files of five Canadian publishers. The Library is also participating in a nationwide pilot project to establish a clearinghouse, to make publishers files available to alternate format producers. These two creative solutions have a potential to be used as a model for resource sharing among libraries for the blind worldwide.




Treaty for people with reading disabilities
File Format: PDF/Adobe Acrobat Nov 13, 2009 ... other reading disabilities in response to the Federal Register Notice of October 13, 2009 by Dr. .... impairment and so is unable to access any copyright work to ... (b) uses, for the benefit of people with a disability, which are directly .... information and education for print-disabled persons
<http://www.copyright.gov/docs/sccr/comments/2009/comments-2/
manon-ress-cynthia-wassell-scott-lissner-jo-anne-simon-cynthia-stuen.pdf>


A shorter URL for the above link:


<http://tinyurl.com/ylanmbp>


Amending Copyright Act for print-disabled to access books
By L Subramani
For centuries, lack of access to books and printed materials remained a great stumbling block for persons with disability to intellectually advance themselves.
Deccan Herald
Banglore, India
Monday 1 February 2010
<http://www.deccanherald.com/content/43710/ amending-copyright-act-print-disabled.html>


A shorter URL for the above link:


<http://tinyurl.com/ycyawg9>


Even as the education system across the world started to welcome persons with disability into its folds, many of them had to depend on their able-bodied peers or volunteers to read their books.

Though this has affected the visually challenged in general, they at least had the Braille code to access books, which was denied to those with other forms of disability such as cerebral palsy and dyslexia, who need specialised content to understand printed material.

With the development of technology, it became possible to create such alternative content electronically. This brought the question of copyrights if letting the print-disabled (as all persons whose disability prevented them from accessing printed materials were came to be known) read books in electronic format would be construed as infringement.

Amidst these changes, the government decided in 2006 to amend the Indian Copyright Act recognising the rights of persons with disability to access copyrighted content in special format.

Organisations later negotiated with the government to ensure the wording of the amendment 52(1)(za), which is being proposed with several other amendments to the Act to properly reflect the requirements of the print-disabled community. Meanwhile, there has been apprehension amongst the publishing industry that loosening of the fair use clause in the Act may pave the way for more piracy. Publishers like Cambridge University Press (CUP), who recently entered into an agreement with DAISY Forum of India (DFI) in letting their content be provided for the print-disabled in DAISY format, favour such private agreements to solve accessibility issue.

We are doing our best wherever it is feasible to offer help to the print-disabled, said Manav Saikia, managing director, CUP, answering queries from Deccan Herald through email. The agreement that we have signed with the DFI is a model developed specially for this purpose.




Position Statement
AHEAD's Perspective on the Issues of Textbook Access
December 2006
<http://www.ahead.org/resources/e-text/position-statement>



Accessibility for the Reading Disabled
Electronic Frontier Foundation (EFF) <https://www.eff.org/issues/reading-accessibility>



Disability Activsm: Reading Rights
By Anna on 10 November, 2009
<http://disabledfeminists.com/2009/11/10/ disability-activsm-reading-rights/>


A shorter URL for the above link:


<http://tinyurl.com/yed82oj>



The Disabled Are On Google's Side In Books Settlement
by Wendy Davis, Monday, August 10, 2009, 4:19 PM
Media Post
Online Media Daily
<http://www.mediapost.com/publications/?fa= Articles.showArticle&art_aid=111394>


A shorter URL for the above link:


<http://tinyurl.com/kssxqn>


Advocates for the disabled have asked a federal court to approve a controversial settlement of a lawsuit filed by book authors and publishers against Google.

"The settlement's benefits for readers with disabilities are extraordinary," the American Association of People with Disabilities said in a letter filed last week with the court.

"People for whom transportation to a library or bookstore is difficult, unavailable or expensive would have access to these books through their computer," the organization wrote in a letter to U.S. District Court Judge Denny Chin in Manhattan. "People with vision loss will be able to search for books through the Google Books interface and purchase, borrow, or read at a public library any of the books that are available to the general public in accessible formats."

The pact calls for Google to fund a new book rights registry and allows it to digitize books and sell downloads at prices it sets with the registry. If it goes through, the deal would settle a 4-year-old copyright infringement lawsuit filed against Google by authors and publishers.




Jim Fruchterman
Founder, Benetech
Posted: October 12, 2009 02:27 PM
Disabled Students Need Accessible Books
Huffington Post
<http://www.huffingtonpost.com/jim-fruchterman/ disabled-students-need-ac_b_317672.html>


A shorter URL for the above link:


<http://tinyurl.com/yhw6hxv>


There was a time, not that long ago, when children who were blind, or had another kind of disability that prevented them from easily reading a printed book, were pretty much out of luck when it came to reading.

If a child with a print disability wanted to read a school textbook, or even a best-seller about their favorite sports star, he or she would hope that the book was among the 5% of books recorded on audiotape or published in Braille. If the child was lucky, they might have a family member who was willing to read to them out loud.

When inexpensive scanners became available in the mid-1990s, things began to change. People started scanning books using optical character recognition. This allowed people to transform text into speech using a voice synthesizer, enlarge the text for someone with low vision, or convert it into printed or electronic Braille.

OCR was a big step forward, but it takes three hours to scan a book. Imagine standing at the library photocopier making copies of all the pages of a book that you want to read. That's a big barrier to reading.

Many of us know families who have kids with severe print disabilities, especially dyslexia. We see the struggles these families face, helping their child who may have plenty of brains, but struggles hard to read. How can we help these students get an equal crack at opportunity?

School is a big enough challenge without a disability like blindness or dyslexia getting in the way. It's pretty obvious that if you can't succeed in school because you can't read your textbooks, you are going to have tough time succeeding in the workplace and navigating the information economy.




Information Technology and Disabilities E-Journal
Accessible IT Through Podcasts, Webinars and Online Courses
Published by EASI
Equal Access to Software and Information
<http://people.rit.edu/easi/itd.htm>




Digital Millennium Copyright Act
<http://www.google.com/dmca.html>




The Future of Disability in America
Authors:
Committee on Disability in America, Marilyn J. Field and Alan M. Jette, Editors
National Academy of Sciences
HARDBACK
ISBN-10: 0-309-10472-6
ISBN-13: 978-0-309-10472-2
<http://www.nap.edu/catalog.php?record_id=11898>


Table of Contents

Select a link below to start reading online free!

Front Matter  i-xxvi (skim)

Summary 1-15 (skim)

1 Introduction 16-34 (skim)

2 Definition and Monitoring of Disability 35-64 (skim)

3 Disability Trends 65-97 (skim)

4 Health Care Transitions for Young People 98-135 (skim)

5 Secondary Conditions and Aging with Disability 136-161 (skim)

6 The Environmental Context of Disability: The Case of Health Care Facilities 162-182 (skim)

7 Assistive and Mainstream Technologies for People with Disabilities 183-221 (skim)

8 Access to Health Insurance and the Role of Risk-Adjusted Payments to Health Plans 222-252 (skim)

9 Coverage of Assistive Technologies and Personal Assistive Services 253-286 (skim)

10 Organization and Support of Disability Research 287-320 (skim)

References 321-384 (skim)

Appendix A Study Activities 385-391 (skim)

Appendix B Table of Contents for Workshop on Disability in America: A New Look (2006) 392-393 (skim)

Appendix C Risk Adjustment of Insurance Premiums in the United States and Implications for People with Disabilities 394-425 (skim)

Appendix D The Americans with Disabilities Act in a Health Care Context 426-452 (skim)

Appendix E The Employment Discrimination Provisions of the Americans with Disabilities Act: Implementation and Impact 453-477 (skim)

Appendix F Access to Telecommunications Technology by Americans with Disabilities: Key Laws and Policies 478-518 (skim)

Appendix G Transportation Patterns and Problems of People with Disabilities 519-560 (skim)

Appendix H Committee on Disability in America Biographical Sketches 561-568 (skim)

Index 569-592 (skim)



Description


The future of disability in America will depend on how well the U.S. prepares for and manages the demographic, fiscal, and technological developments that will unfold during the next two to three decades.


Building upon two prior studies from the Institute of Medicine (the 1991 Institute of Medicine's report Disability in America and the 1997 report Enabling America), The Future of Disability in America examines both progress and concerns about continuing barriers that limit the independence, productivity, and participation in community life of people with disabilities. This book offers a comprehensive look at a wide range of issues, including the prevalence of disability across the lifespan; disability trends the role of assistive technology; barriers posed by health care and other facilities with inaccessible buildings, equipment, and information formats; the needs of young people moving from pediatric to adult health care and of adults experiencing premature aging and secondary health problems; selected issues in health care financing (e.g., risk adjusting payments to health plans, coverage of assistive technology); and the organizing and financing of disability-related research.

The Future of Disability in America is an assessment of both principles and scientific evidence for disability policies and services. This book's recommendations propose steps to eliminate barriers and strengthen the evidence base for future public and private actions to reduce the impact of disability on individuals, families, and society.




-------------------------------------------------





The complete articles may be read at the URLs provided for each.




WEBBIB0910



Sincerely,
David Dillard
Temple University
(215) 204 - 4584
jwne@xxxxxxxxxx
<http://daviddillard.businesscard2.com>
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Bushell, R. & Sheldon, P. (eds),
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<http://tinyurl.com/p63whl>
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  • » [net-gold] DISABILITIES : EDUCATION: READING : INFORMATION ACCESS : COPYRIGHT: Support for Instrument on Copyright Exceptions, Reading-Disabled Treaty - David P. Dillard