The followup question to that is to ask for the name of the intellectual
property attorney who gave that advice, so you could have a professional
opinion on file.
Just because something is written in an IEP doesn't mean it is legal. In =
fact, often teachers of the emotionally distrubed want to prescribe reward
=
movies for students with good behavior for a specified period.
Unfortunatel=
y, fair use of video doesn't permit reward movies of ANY type, even if in
=
an IEP. To draw the point to a ridiculous conclusion, you could put in the
=
IEP that the student could shoot the principal if he behaved for the =
entire semester. That doesn't make it legal just because someone wrote it
=
in the IEP.
It is also important to remember that consumer-type players may not be =
used to make the recordings permitted under this section. The law requires
=
the special extra-slow-speed 4 track format used on the Recordings for the
=
Blind tapes and players loaned by LOC and the various state libraries.
Books on tape would fall under the guidelines developed for the blind,
physically handicapped or dyslexic. Most of the materials available
already
through the National Library Service or the Libraries serving the blind,
physical handicapped or dyslexic would become available to those persons
who
were eligible under the ADA guidelines:
http://www.loc.gov/nls/sec701.html
For those individuals who cannot read because of other issues that do not
fall under the National Library Services programs, the American Printing
House for the Blind, or Recordings for the Blind, the process of taping
materials would be considered an "adaptation of the original format"--and
without permission it would be a violation of copyright. However, if a
student does not have the ability to read because of various handicapping
issues, a certifying authority (doctor) would need to authorize forms (for
the library services and for educational resources from the state and
national levels) in order to place this individual under the guidelines
necessary for this child to receive materials in taped formats.
The Special Education teacher is NOT correct in assuming that "equal
access"
overrides any copyright laws. There are still laws that govern materials
that even those with special needs must adhere to---there are just
appropriate ways to go about accessing those materials. There are also
limitations to what can be done and how it can be done. Despite our best
efforts, there are still some hoops that must be jumped through in order
to
have access to materials for the disabled.
Obviously, depending upon the student, there will be some challenges and
copyright will be under consideration for each challenge; however, many
items are now available through the agencies that serve blind,
handicapped,
dyslexic and multi-handicapped individuals. Making adaptations of the
original printed materials because you believe that it falls under the
"equal access" guidelines is setting yourself up for problems later. It's
best to check the federal guidelines and talk to specialists in this area
rather than assuming that it's all carte blanche.
Here is the entire law that relates to recorded formats for visually
impaired / blind / physically disabled individuals:
http://www.loc.gov/nls/reference/factsheets/copyright.html
The terms used related specifically to those being served by a library for
the blind or those teachers who educate individuals who are blind /
visually
handicapped / physical handicapped / dyslexic. Specifically:
..."The amendment allows authorized entities to reproduce or distribute
copies or phonorecords of previously published nondramatic literary works
in
specialized formats exclusively for use by blind or other persons with
disabilities."
What may become a problem is the "need" to record something for one
student
during a specific year but finding that the same tapes are being used year
after year by the same teacher for various students who do not fall under
the guidelines of the National Library Service and ADA. If materials are
truly needed, then resources are available to meet those needs. I would
definitely follow the standards set by the NLS / ADA and check to see if
the
materials already exist in recorded formats rather than creating a new
format from a printed source.
Yes, if the tape is made because the student is unable to read the
material,
then the tape can be made. But it is strictly for special ed situations
not for
the general population of a school. I just learned of this in one of my
media
classes this past summer.
The SE teacher is not correct. There is an exemption for those who are
unable
to use print materials, but the tapes cannot be made on standard consumer
players. They are made on the special 4 track players used in Reading for
the
Blind. See my book for complete details.
I would have the teacher check with the organization that handles books
for the blind. They have the ability to provide tapes for students who
may need them.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Tawana West, LMS E-mail: twest@uark.edu
Walker Elementary School phone: 479.750.8874
1701 S. 40th Street fax: 479.750.8717
Springdale, AR 72762 A National Blue Ribbon School
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