Module 4 COPYRIGHT
Providing access to content via alternative formats for students with disabilities if the copyright material is not commercially available in the format required and with the appropriate features is now law enforceable. There is no restriction on the kind of format that can be created under this exception. There are two disability exceptions:
1. Use of copyright material by organisations assisting persons with a disability: s 113F (The organisational disability exception)
The organisational disability exception in s 113F allows TAFEs and schools to make accessible format copies for students with a disability if the copyright material is not commercially available in the format required by the student and with the appropriate features they require.
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This material has been copied/made available to you under s 113F of the Copyright Act. Any further reproduction or communication of this material by you may be the subject of copyright protection under the Act. Do not remove this notice. |
2. Fair dealing for the purpose of access by persons with a disability: s 113E (the fair dealing for disability exception)
At the moment government initiatives only apply to first tier government websites, but the law applies to all institutions and organisations in Australia (Combes, Fitzgerald & Croft, 2018).
Just as Australia (and in particular the education sector – Teacher Librarians) is closely watching technological, educational & information trends evolve on a global scale, other nations are watching how Australia deals with the implications of the organisational disability exception.
There have been a number of major court cases around the world, one the first was taken out by someone with a vision impairment who could not access the Sydney Olympic Games site, Australia (Combes et al, 2018). Access to content for people with disabilities is a vital consideration and inclusion in policy and practices in school libraries, one that the TL should advocate and lead in implementing. Including the Disability Access Exceptions in library policies is one way the TL can ensure they are future proofing their practices.
Reference
Combes, B., Fitzgerald, L. & Croft, T. (2018). Assisting students with disabilities. In Legal and ethical issues of collections [ETL503 Module: 4]. Retrieved from: Charles Sturt University website: https://interact2.csu.edu.au/webapps/blackboard/content/listContent.jsp?course_id=_32995_1&content_id=_2550575_1
National Copyright Guidelines. (n.d.). 3.2 Disability access exceptions. Retrieved from: http://www.smartcopying.edu.au/copyright-guidelines/library-and-disability-copying/3-2-disability-access-excep