[Missouri-l] Fwd: braille hymnal

[kcagape at aol.com]

Here is the reply I received from Rick Roderick, a consultant for the blind and those with low vision with the Presbyterian Church (USA).

-----Original Message-----
From: Rick Roderick <rickrod at insightbb.com>
To: KCAgape at aol.com
Cc: Rev. Sue Montgomery <suemontgomery at windstream.net>; Nancy Troy <Nancy.Troy at pcusa.org>; Susan Stack <Susan.Stack at pcusa.org>; cindyray at qwest.net
Sent: Tue, 12 May 2009 10:11 am
Subject: braille hymnal


Scott, 
 
I am sorry that it has taken me such a long time to reply, but I am in correspondence with the National Library Service of the Blind and Physically Handicapped of the Library of Congress, NLS, to clarify aspects of this matter. 
 
At this time, I do not believe that I can legally provide the hymnal to you. As the fact sheet shows, only authorized entities are allowed to do this, and those are either government or nonprofits that have the primary mission to educate or provide services to the blind. This is beyond the scope of the consultancy program, which provides advice, but not braille transcription services. 
 
The Presbyterian Hymnal was provided by the Braille Book Bank of the National Braille Association. This organization has ceased to exist, and all their materials and electronic files have been turned over to NLS. 
 
At present, two of the 18 volumes of the Hymnal are available in electronic braille for download at the Web-braille site. I have written to John Hanson of NLS to see if more volumes will be made available. I have not heard anythi
ng. 
 
At one time, the Braille Book Bank allowed users to purchase electronic files from them. I have a copy of these files. The are in a braille format without page numbers. If I were to consider transcribing them, and reformatting them, this would need to be authorized by the type of nonprofit spoken of in this press release. 
 
I am further researching this matter. If I learn anything else that might be of use, I will let you know. 
 
Sing the Faith is not available in any format, according to the Union Catalogue taht lists publications in alternative format. 
 
I have also read a fact sheet on the Chafee Amendment, concerning who can, and who can't, publish works in alternative format without permission. I am including this factsheet at the end of this correspondence. 
 
Copyright Law Amendment, 1996 
NLS Factsheets 
Copyright Law Amendment, 1996: 
PL 104-197 December 1996 
Background 
The free national library program of reading materials for visually handicapped adults 
administered by the National Library Service for the Blind and Physically Handicapped 
(NLS), Library of Congress, was established by an act of Congress in 1931. The program 
was expanded in 1952 to include blind children, in 1962 to include music materials, 
and in 1966 to include individuals with physical impairments that prevent the reading 
of standard print. 
>From the beginning, this program was dependent upon the cooperation of authors and 
publishers who g
ranted NLS permission to select and reproduce in special formats 
copyrighted works without royalty. Although many factors influence the length of 
time it takes to make a print book accessible in a specialized format, the period 
required to obtain permission from the copyright holder has sometimes been significant. 
Public Law 104-197 
Under the Legislative Branch Appropriations Bill, H.R. 3754, Congress approved a 
measure, introduced by Senator John H. Chafee (R-R.I.) on July 29, 1996, that provides 
for an exemption affecting the NLS program. On September 16, 1996, the bill was signed 
into law by President Clinton. 
The Chafee amendment to chapter 1 of title 17, United States Code 
, adds section 121, establishing a limitation on the exclusive rights in copyrighted 
works. 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. 
The act making appropriations for the Legislative Branch for the fiscal year ending 
September 30, 1997, sets forth the Chafee amendment as follows: 
  Be it enacted by the Senate and House of Representatives of the United States 
of America in Congress assembled, that . . . and for other purposes, namely: 
(a) IN GENERAL--Chapter 1 of title 17, United States Code 
, is amended by adding after section 120 the following new section: 
"SEC.121. Limitations on
 exclusive rights: reproduction for blind or other people 
with disabilities 
"(a) Notwithstanding the provisions of sections 106 and 710, 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) 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. 35a; 46 Stat. 1487) to receive 
books and other publications produced in specialized formats; and 
"(3) 'specialized formats' means braille, audio, or digital text which is exclusively 
for use by blind or other persons with disabilities.". 
(b) TECHNICAL AND CONFORMING AMENDMENT--The table of sections for chapter 1 of title 
17, 
United States Code 
, is amended by adding after the item relating to section 120 the following: 
"121. Limitations on exclusive rights: reproduction for blind or other people with 
disabilities.". 
Questions and Comments Raised by the Chafee Amendment 
What is the effective date of the amendment? 
H.R. 3754 does not specify an effective date. Therefore, the effective date is September 
16, 1996, the date on which the president signed the bill. 
Are the provisions of the amendment retroactive? 
The exemption covers all nondramatic literary works protected by copyright regardless 
of when they were first published, but reproduction and distribution under the exemption 
must take place on or after September 16, 1996, the effective date of the amendment. 
Does the amendment cover periodicals? 
The new e
xemption covers "nondramatic literary works"; section 101 of title 17 includes 
"periodicals" within the definition of "literary works." Therefore, the amendment 
covers periodicals. 
If a book is involved in litigation, will the exemption apply? 
Nothing in the Chafee amendment withdraws the exemption in case of litigation. However, 
in the event that NLS is notified that a federal court has issued a final decision, 
holding that the work is an unauthorized publication and recall of copies is required, 
NLS will withdraw all copies of the infringing work. 
Is a published script of a play considered a "nondramatic literary work?" 
A published script of a play would be considered a "dramatic work" or alternatively 
a "dramatic literary work" and would be outside the amendment, which covers only 
"nondramatic literary works." Therefore, NLS will continue to seek permission from 
the copyright holders to reproduce and distribute plays. 
What does "authorized entity" include? 
The amendment defines and limits "authorized entity" to "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." A "nonprofit organization" is understood 
to mean an organization that has been granted nonprofit tax exemption under section 
501(c)(3) of the 
Internal Revenue Code. 
To the extent that authorized agencies and or
ganizations use or delegate authority 
to volunteers, special education teachers, and commercial producers under government 
contract to produce and distribute works under the exemption, those activities appear 
to be fully covered by the exemption. Such individuals can be said to be agents of 
authorized entities and are, therefore, acting under implied authority. The activities 
of individuals not connected to those specialized agencies and organizations fall 
outside the exemption. 
Is copyright permission required for works published simultaneously in the United 
States and elsewhere? 
All works protected by U.S. copyright law, including those first published abroad 
or in multiple editions published in several countries, are subject to the exemption 
for activities undertaken by authorized entities within the United States. Section 
104 of title 17 sets out the eligibility requirements for U.S. copyright law protection. 
For further information, obtain Circular 38a from the Copyright Office. 
NLS produces braille and recorded versions of books published and copyrighted abroad. 
Under the Chafee amendment, will permission from foreign copyright holders be required? 
All works protected by U.S. copyright law, including those first published abroad, 
are subject to the exemption. Thus, permission from foreign copyright holders for 
reproduction and distribution 
in the United States 
under the exemption is not required. If the braille or recorded versions of the 
books were distributed o
utside the United States, however, such act of distribution 
would not be covered by the exemption since U.S. copyright law has no extraterritorial 
effect. Since NLS loans material to eligible foreign agencies, NLS will continue 
to request permission for all books and periodicals published outside the U.S. 
Must foreign agencies who purchase NLS books continue to obtain copyright clearance? 
Foreign agencies who purchase NLS books must continue to obtain copyright clearance. 
The principle with respect to this is the same as described above. The exemption 
applies only to activities within the United States. 
Will foreign countries still be able to purchase magazines that NLS produced in special 
formats? 
As the previous answer indicates, the exemption will not apply to activities conducted 
abroad. Therefore, foreign agencies will have to seek their own individual written 
copyright permissions from the copyright holders before NLS will permit the purchase 
of copies of master recordings of audio magazines reproduced by NLS under the new 
exemption. 
Must producers continue to add "all rights reserved" to the standard copyright notice 
that is currently placed at the beginning of books reproduced in special formats? 
No, this is not required. The "all rights reserved" copyright notice originated in 
the Buenos Aires Convention of 1910. The effect of this Convention in the United 
States has always been unclear. Since the United states joined the Berne Convention 
in201989, there clearly is no need to include this statement. 
Does "bear a notice" refer only to announcements or does it include the print label 
affixed to all copies and phonorecords? 
Section 121 of title 17 has two notice requirements; it provides that the copies 
or phonorecords produced under the exemption shall (1) "bear a notice that any further 
reproduction or distribution in a format other than a specialized format is an infringement," 
and (2) "include a copyright notice identifying the copyright owner and date of the 
original publication." 
The copyright law has contained notice requirements for many years; those requirements 
have always been understood to mean a written notice. The previous copyright law 
contained a provision that said "copies of the work shall bear the symbol © accompanied 
by ... " Thus, the use of the word "bear" has been understood to mean that the copies 
have affixed to them a written copyright notice. In the 1976 copyright act, sections 
401 and 402 of title 17 provided for the placement of a notice of copyright on visually 
perceptible copies and on the surface, label, or container of phonorecords of sound 
recordings. 
Consequently, NLS will (1) include both of the required notices, in print, on all 
braille copies and on all phonorecords of sound recordings, and (2) include both 
notices in audible form on all sound recordings. 
Does "specialized format" include the NLS-produced instructional music cassettes=C
2
recorded at the standard commercial speed of 1-7/8 ips rather than NLS's customary 
15/16 ips speed? 
The exemption does not include music, nor does it cover recorded material that is 
not in a "specialized format." 
NLS compiles a music magazine containing articles reprinted from national periodicals. 
Are magazines that are produced in large print, braille, and recorded formats covered 
by the exemption? 
The exemption defines "specialized format" as "braille, audio, or digital text which 
is exclusively for use by blind or other persons with disabilities." Works reproduced 
in large print are, therefore, not included under the exemption. 
Where should questions concerning the Chafee amendment be directed? 
Questions originating from the media should be directed to the Library of Congress 
Public Affairs Office at (202) 707-2905. Contact the Library of Congress Copyright 
Office Public Information Office at (202) 707-3000 for other general questions. 
NLS currently lends books through interlibrary loan (ILL) to foreign agencies serving 
blind and physically handicapped individuals. Will this practice continue, or will 
ILL be limited to books for which NLS has received copyright permission? 
NLS will continue to lend to eligible foreign agencies through interlibrary loan. 
Such distribution is permissible under U.S. law and is unlikely to infringe the laws 
of other countries. 
However, foreign agencies must look to the law of the country where the use takes 
place=2
0to determine whether they might be liable for acts of unauthorized importation 
or distribution of 
lawfully made copies without permission of the copyright owner.  

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