[A2k] 1201 hearing re exemption for the reading disabled persons

[Manon Ress]

Day 2 of the Copyright Rulemaking Hearing

Mark Richert (AFB) was the only witness so the very small crowd (of
supporters) assumed there was no opposition to the renewal of the
exemption.  However, the questions from the Copyright Office panel
showed either due diligence =85or resistance to grant the renewal
without making it somewhat difficult for the representative of the
reading disabled person.  Mark Richert did an excellent job of framing
the request for renewal in the current context.  Using the Kindle
controversy, he showed that not only accessibility is still an issue
for the community but also, contrary to what publishers had =93promised=94
during previous rulemakings, things are getting worst with for example
the actual shutting down of the TTS features on a voluntary basis.

The main questions (or comments) from the panel were:
You did not provide statistics of what is not available.  What is the
scope of the problems?
You did not check if the 5 ebook examples you gave might be available
in another edition somewhere
What accessibility format? (Are there several?)
Are people using the exemption?
Has there been any change?
Note that Mary Beth Peters asked specific questions about Kindle (have
they turned off the TTS yet) and for ebook, do you know when you buy
the book if it is in accessible format?

It seems to me that the panel still needs to be better educated in
what =93accessible format=94 really means (an audio book that is not
searchable is not the same as a book with structures providing search
possibilities or TTS) and needs to have a better understanding of the
various form of reading disabilities.

Summary of my notes below (full transcript from Copyright office will
be made public in couple weeks) apologies for short notes that
probably do not express fairly how effective Mark was during the Q&A.

10AM Mark Richert for the American Foundation for the Blind
Mary Beth Peters: welcome etc. Exemption re access control measures
granted will be valid from October 28 2009 until October 28 2012 re
access control measure.  For this rulemaking we received 20 comments
and 56 responses.  All available on the CO website.  The audio and
transcript of these proceedings will be available within a few weeks.
The recommendations to the Librarian are due October 28. We reserve
rights to ask further question to witnesses.  There is no other side
today and Mark Richert is invited to speak.
Mark Richert stated that he was at the hearing for renewal of the
existing exemption.  Not here to repeat his written testimony but will
provide an update of where we have come to in last 6 years.  Some are
struck or surprised by the reality. On ebooks that are not accessible
(for TTS or other), a message appears stating it cannot be used in
such a way.  So, somebody actually took the time to write a notice
"no, this cannot be used with a reader" and our community is offended
by this.   In 2003 and 2006, we were asked how big of a problem is it,
what is the scope of the problems?  We tried to answer.  There's no
scientific analysis.  But in the last few months, with the kindle 2
and the shutting out effectively of people who are visually impaired
and who need TTS, things are not obviously getting better.  We are now
at the point where we have been meeting with an alphabet soup of
organizations, publishers authors and tried to find out why =93can we
not all get along.=94
Mary Beth Peters:  First, has Amazon turned off the TTS?
Mark:  No, not yet and we are still articulating each others' point of
view stage.
David Carson:  In your written comments, you have the example of 5
ebooks.   Did you check to see if when you found them not accessible
if there were available in another edition somewhere?
Mark Richert:  Even if you find them somewhere else they may not be
accessible or navigable.  Also, yes, there could be a recording or
text version on the web but not of that specific work, edition, with
the specific footnotes.
David Carson:  Are you asking for renewal or changes?
Mark Rochert: Renewal of exemption if you cannot access this specific
work you need with its footnote and navigable. Maybe it is available
exactly in same format somewhere  but that is rare.  The real question
is what can we do it there is no accessible format.  Not the other way
around.
David Carson:  In 2003, you presented statistics.  Why not this time?
Mark Richert: It is not about the scope.  It's not about one book or
10 millions books.
David Carson:  You made a minimum effort.  You were well advised in
the last rulemaking to have statistics (he reads the recommendations).
Mark Richert:  The facts speak for themselves. The problem has not
gone away on the contrary.
Robert Kasunic:  If there is a desired version.  What characteristic
for accessibility purpose.  Can you give specificities?
Mark Richert:  There's been the development of DAISY format, which
provides greater navigability; it is structured in searchable way,
which is key for a large book, for education.  Because unless the book
is structured in that way, you cannot jump around, find what you're
looking for.  We're talking about access to specific work.  It's not
about access to content in general.  And it is not about comparable
format, it has to be specific to given work.
Robert Kasunic: Are you saying if it were not in DAYSI, the exemption
would kick in?
Mark Richert:  if it is not available in any kind of accessible format.
Robert kasunic: =93 in any?=94  What level of accessibility?
Mark Richert:  It could be TTS but there are (and will be) readers
with different features.
Robert Kasunic:  if a book is available in TTS what would that mean
for the exemption.
Mark Richert:  I have not played with the kindle, it is not accessible
to blind people because of the controls.  But it provides a level of
accessibility for some.
Robert Kasunic: Do you have a sense of whether the exemption has had
any effect on the market?  Has it changed publishers=92 behaviors?
Mark Richert:  It appears not.  The TTS and Kindle show copyright
owners are going in wrong direction.
Robert Kasunic:  Are you aware of any individuals who have used the exempti=
on?
Mark Richert:  There are individuals in our community who are smart
and tech savvy but there's no concerted effort.  We re not in the
position to police what people do, the copyright owners can do that.
Robert Kasunic:  There are disputes like kindle but is there greater
awareness?
Mark Richert:  There's no way to know scientifically.  Anecdotic ally
only...at AFB, we do not  do technological evaluation.  There is
improvement (example with adobe) but it still excludes meaningful
access.  It has become an emotional issue.  For example, we=92re told we
have to pay more or register to get TTS.
Robert Kasunic:  Is there any changes?
Mark Richert:  There are tech fixes in one area, but then another
problem appears..
Mary Beth Peters: One last question, if a visually impaired is looking
for a book there's not way to find out if it works or not in
accessible format?
Mark Richerts:  No, there=92s no way.