Current Chafee and IDEA Legal References
- Chapter 11
Subject Matter and Scope of Copyright
Notes Subject Matter and Scope of Copyright
124 Copyright Law of the United States
The Individuals with Disabilities Education Improvement Act of 2004 amended section 121 by amending paragraph (c)(3) in its entirety; by adding a new paragraph (c)(4); by redesignating subsection (c) as (d); and by adding a new subsection (c). Pub. L. No. 108-446, 118 Stat. 2647, 2807.
https://www.copyright.gov/title17/chapter1.pdf - Chapter 1 – Circular 92 | U.S. Copyright Office
121 by amending paragraph (c)(3) in its entirety; by adding a new paragraph (c)(4);
https://www.copyright.gov/title17/92chap1.html - Chapter 1 – Subject Matter and Scope of Copyright
121 by amending paragraph (c)(3) in its entirety; by adding a new paragraph (c)(4);
https://www.copyright.gov/title17/chapter1.pdf - Comments to the Copyright Office and the USPTO regarding the WIPO draft proposal to facilitate access to copyrighted works for persons, who are blind, have visual impairments and other reading disabilities in response to the Federal Register Notice of October 13, 2009 by Dr. Manon Ress, Director of Information Society Projects, Knowledge Ecology International (KEI), Cynthia Waddell, Executive Director, International Center for Disability Resources on the Internet (ICDRI), Scott Lissner, Chair of Government Relations and Public Policy, the Association on Higher Education And Disability (AHEAD), Jo Anne Simon, President, New York Branch of the International Dyslexia Association (NYBIDA) and Dr. Cynthia Stuen, Senior Vice President, Policy, Evaluation & Education, Lighthouse International November 13, 2009
(a) For the purposes of this Treaty, a ‘visually impaired’ person is:
a person who is blind; or
2. a person who has a visual impairment which cannot be improved by the use of corrective lenses to give visual function substantially equivalent to that of a person who has no visual impairment and so is unable to access any copyright work to substantially the same degree as a person without a disability.
(b) Contracting Parties shall extend the provisions of this Treaty to persons with any other disability who, due to that disability, need an accessible format of a type that could be made under Article 4 in order to access a copyright work to substantially the same degree as a person without a disability.
3 The Legislative Branch Appropriations Act, 1997, added section 121. Pub. L. No. 104-197, 110 Stat. 2394, 2416. The Work Made for Hire and Copyright Corrections Act of 2000 amended section 121 by substituting “section 106” for “sections 106 and 710.” Pub. L. No. 106-379, 114 Stat. 1444, 1445. The Individuals with Disabilities Education Improvement Act of 2004 amended section 121 by amending paragraph (c)(3) in its entirety; by adding a new paragraph (c)(4); by redesignating subsection (c) as (d); and by adding a new subsection (c). Pub. L. No. 108-446, 118 Stat. 2647, 2807.
https://www.copyright.gov/docs/sccr/comments/2009/comments-2/manon-ress-cynthia-wassell-scott-lissner-jo-anne-simon-cynthia-stuen.pdf - Under sections 612(a)(23)(A) and 674(e)(4) of the Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Education Improvement Act of 2004, the Secretary of Education establishes the NIMAS. Under section 674(e)(4) of the Act, the NIMAS applies to print instructional materials published after July 19, 2006. The purpose of the NIMAS is to help increase the availability and timely delivery of print instructional materials in accessible formats to blind or other persons with print disabilities in elementary and secondary schools.
https://sites.ed.gov/idea/regs/b/appendix-c - (d) Assistive technology.In carrying out this section, the SEA, to the maximum extent possible, must work collaboratively with the State agency responsible for assistive technology programs.
(e)
(1) In this section and § 300.210—
(i) Blind persons or other persons with print disabilities means children served under this part who may qualify to receive books and other publications produced in specialized formats in accordance with the Act entitled “An Act to provide books for adult blind,” approved March 3, 1931, 2 U.S.C. 135a;
https://www.law.cornell.edu/cfr/text/34/300.172 - ‘‘(23) ACCESS TO INSTRUCTIONAL MATERIALS.—
‘‘(A) IN GENERAL.—The State adopts the National Instructional Materials Accessibility Standard for the purposes of providing instructional materials to blind persons or other persons with print disabilities, in a timely manner after the publication of the National Instructional Materials Accessibility Standard in the Federal Register. ‘‘(B) RIGHTS OF STATE EDUCATIONAL AGENCY.—Nothing in this paragraph shall be construed to require any State educational agency to coordinate with the National Instructional Materials Access Center. If a State educational agency chooses not to coordinate with the National Instructional Materials Access Center, such agency shall provide an assurance to the Secretary that the agency will provide instructional materials to blind persons or other persons with print disabilities in a timely manner.
‘‘(B) RIGHTS OF LOCAL EDUCATIONAL AGENCY.—Nothing in this paragraph shall be construed to require a local educational agency to coordinate with the National Instructional Materials Access Center. If a local educational agency chooses not to coordinate with the National Instructional Materials Access Center, the local educational agency shall provide an assurance to the State educational agency that the local educational agency will provide instructional materials to blind persons or other persons with print disabilities in a timely manner.
‘‘(e) NATIONAL INSTRUCTIONAL MATERIALS ACCESS CENTER.—
‘‘(1) IN GENERAL.—The Secretary shall establish and support, through the American Printing House for the Blind, a center to be known as the ‘National Instructional Materials Access Center’ not later than 1 year after the date of enactment of the Individuals with Disabilities Education Improvement Act of 2004.
‘‘(2) DUTIES.—The duties of the National Instructional Materials Access Center are the following: ‘‘(A) To receive and maintain a catalog of print instructional materials prepared in the National Instructional Materials Accessibility Standard, as established by the Secretary, made available to such center by the textbook publishing industry, State educational agencies, and local educational agencies.
‘‘(B) To provide access to print instructional materials, including textbooks, in accessible media, free of charge, to blind or other persons with print disabilities in elementary schools and secondary schools, in accordance with such terms and procedures as the National Instructional Materials Access Center may prescribe.
‘‘(C) To develop, adopt and publish procedures to protect against copyright infringement, with respect to the print instructional materials provided under sections612(a)(23) and 613(a)(6).
‘‘(3) DEFINITIONS.—In this subsection:
‘‘(A) BLIND OR OTHER PERSONS WITH PRINT DISABILITIES.—
The term ‘blind or other persons with print disabilities’ means children served under this Act and 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.
https://www.govinfo.gov/content/pkg/STATUTE-118/html/STATUTE-118-FrontMatter-3-Pgi.htm
