Corporate Philanthropy Partnership

Corporate Philanthropy Partnership

In 2023, IDEAL Group established a corporate philanthropy partnership ^1,2 with AI4Reading, Inc., a 501(c)(3) nonprofit, ‘Authorized Entity’ under the Chafee Amendment and Marrakesh Treaty. AI4Reading provides AI, and many other, services that support education and adaptive reading for individuals with print disabilities. More information below.

The Chafee Amendment

The Chafee Amendment (17 U.S.C. § 121) grants nonprofit “Authorized Entities” specific rights to enhance accessibility for print-disabled individuals. These entities may reproduce and distribute copyrighted literary/musical works in accessible formats without copyright holder permission, provided they meet strict criteria.

Definition of Authorized Entity

• Must be a nonprofit organization or governmental agency. ^{1, 3}
• Primary mission must involve providing specialized services related to:
  • Training/education for blind/disabled individuals
  • Adaptive reading/information access solutions. ^{2, 4}
• Includes educational institutions when accessibility services are integral to their mission. ^{4, 6}

Key Legal Rights

1. Reproduction Rights
   May create accessible formats (Braille, audio, digital) of:
   • All literary works
   • Musical works (expanded in 2018 via Marrakesh Treaty). ^{1, 6}
   • Previously published materials only. ⁵
2. Distribution Rights
   Can share accessible copies:
   • Exclusively with eligible persons (blind, visually impaired, or physically unable to manipulate print). ³
   • Through any adaptive technology (screen readers, DAISY players, etc.). ³
3. Copyright Exemption
   No requirement to:
   • Obtain copyright holder permission
   • Pay royalties. ^{1, 3}
   • Provide advance notice to rights holders. ⁴

Operational Limitations

• Commercial Prohibition: Cannot profit from accessible copies. ³
• User Verification: Must ensure recipients qualify under §121’s disability definitions. ³
• Format Restrictions: Cannot alter content’s “fundamental nature” during conversion. ⁶

Legal Precedents

• Authors Guild v. HathiTrust (2014) affirmed universities qualify as authorized entities when providing disability access. ⁶
• Post-2018 amendments align U.S. law with Marrakesh Treaty, enabling international exchange of accessible works. ^{1, 5}

These provisions balance copyright protections with disability rights, enabling organizations like the National Library Service and university disability offices to bridge accessibility gaps efficiently. ^{2, 4, 6}

1. Library of Congress. (n.d.). Copyright Law Amendment 1996 (PL 104-197). Retrieved from https://www.loc.gov/nls/who-we-are/laws-regulations/copyright-law-amendment-1996-pl-104-197
2. Association of Research Libraries. (2012). Accessibility, the Chafee Amendment, and Fair Use. Retrieved from https://quod.lib.umich.edu/c/cb/mpub10212548/1:18/–accessibility-amp-publishing
3. National Center on Accessible Educational Materials. (n.d.). The Chafee Amendment. Retrieved from https://aem.cast.org/acquire/chafee-amendment
4. Lissner, S. (2009, April 20). Comments on facilitating access to copyrighted works for blind or persons with other disabilities.S. Copyright Office. Retrieved from https://www.copyright.gov/docs/sccr/comments/2009/lissner.pdf
5. Ohio State University Libraries. (2015, August 28). Copyright and Accessibility. Retrieved from https://library.osu.edu/site/copyright/2015/08/28/copyright-and-accessibility
6. (n.d.). The Chafee Amendment. Retrieved from https://webaim.org/articles/laws/usa

The Marrakesh Treaty

The Marrakesh Treaty establishes an international framework for nonprofit “Authorized Entities” to enhance access to published works for print-disabled individuals, building upon and expanding rights granted by the U.S. Chafee Amendment. Here are the key legal provisions:

Definition of Authorized Entity

• Must be a nonprofit organization or governmental agency providing specialized services for print- disabled persons. ^{1, 2}

• Includes libraries, educational institutions, and disability-focused NGOs. ^{3, 6}

• For-profit entities may qualify if government-recognized and operating non- commercially. ³

Core Legal Rights

1. Reproduction Rights
   May create accessible formats (Braille, audio, digital) of:
   • All published literary/artistic works
   • Musical notations (expanded beyond Chafee’s scope). ^{5, 6}
2. Cross-Border Distribution
   Unprecedented right to:
   • Export accessible copies to other treaty signatory countries. ^{4, 5}
   • Import foreign-produced accessible formats. ^{3, 6}
3. Copyright Exemptions
   No requirement to:
   • Seek copyright holder permission
   • Pay royalties
   • Notify rights holders in advance. ^{1, 2, 6}

Operational Requirements

• User Verification: Must confirm recipients qualify as “beneficiary persons” (blind, visually impaired, or physically unable to handle print). ^{2, 4}
• Distribution Limits: Accessible copies may only be shared with:
  • Verified print-disabled individuals
  • Other authorized entities. ^{2, 4, 6}
• Anti-Piracy Measures: Must implement safeguards against unauthorized reproductions. ^{2, 4}

International Provisions

• Resource Sharing: Enables global collaboration to reduce duplicate conversions (e.g., a Spanish Braille book can be used in Mexico and Argentina). ^{3, 5}
• Legal Harmonization: Aligns U.S. §121 with 80+ treaty signatories, creating standardized accessibility protocols. ^{4, 5}

Key Differences from Chafee Amendment

Feature	Chafee Amendment (U.S.)	Marrakesh Treaty
Scope	Domestic only	International
Musical Works	Excluded	Included
Cross-Border Exchange	Prohibited	Required for signatories 4, 5
Entity Types	Strict nonprofit requirement	Allows govt-recognized for-profits 3

The treaty maintains Chafee’s privacy protections while adding mandatory record-keeping practices for cross- border transactions. ^{2, 4}  Recent implementations (e.g., 2018 U.S. ratification) have enabled organizations like the National Library Service to share collections with partner institutions in treaty-compliant countries. ^{5, 6}

1. World Intellectual Property Organization. (n.d.). Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled. Retrieved from https://www.wipo.int/en/web/marrakesh-treaty
2. S. Department of Commerce. (2016, February 11). Marrakesh Treaty Implementation Act of 2016. Retrieved from https://www.commerce.gov/sites/default/files/media/files/2016/sopan_-_marrakesh_treaty_only_sopan_final_02-11-16_clean.pdf
3. International Federation of Library Associations and Institutions. (2018). Getting Started with the Marrakesh Treaty: A Guide for Librarians. Retrieved from https://www.ifla.org/wp-content/uploads/2019/05/assets/hq/topics/exceptions-limitations/getting_started_faq_marrakesh_treaty_a_practical_guide_for_librarians_2018_en.pdf
4. S. Patent and Trademark Office. (n.d.). Marrakesh Treaty SOPAN Document. Retrieved from https://www.uspto.gov/sites/default/files/documents/MarrakeshTreaty-SOPAN_1.docx
5. S. Copyright Office. (2020, August). Understanding the Marrakesh Treaty Implementation Act. Retrieved from https://www.copyright.gov/legislation/2018_marrakesh_faqs.pdf
6. National Federation of the Blind. (2018). Frequently Asked Questions on the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled. Retrieved from https://nfb.org/images/nfb/documents/pdf/washington_seminar_2018/2018_marrakesh_treaty_faq.pdf