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RE: Disabled people and copyright infringement

From: Léonie Watson <tink@tink.uk>
Date: Mon, 23 May 2016 09:37:46 +0100
To: "'Gill Whitney'" <g.whitney@mdx.ac.uk>, "'Howard Leicester'" <howard_leicester@btconnect.com>, "'w3c WAI List'" <w3c-wai-ig@w3.org>
Cc: "'Long, Alison'" <Alison.Long@rnib.org.uk>
Message-ID: <70e801d1b4ce$65d7f710$3187e530$@tink.uk>
Thanks Gill, David and Howard.

It seems that disabled people have brought cases against organisations for
failing to provide access to copyrighted/protected content, but not that
people with disabilities have been prosecuted for infringing copyright in
the pursuit of access to it.

> -----Original Message-----
> From: Gill Whitney [mailto:g.whitney@mdx.ac.uk]
> Sent: 20 May 2016 14:41
> To: Howard Leicester <howard_leicester@btconnect.com>; tink@tink.uk;
> 'w3c WAI List' <w3c-wai-ig@w3.org>
> Cc: 'Long, Alison' <Alison.Long@rnib.org.uk>
> Subject: RE: Disabled people and copyright infringement
> Leonie,
> I asked our library in case there had been an issue with a student, there
> answer probably told you a lot of stuff you already knew - but I was
> how serious they took the enquiry.
> They said - "Hi Gill
> I'm not aware of any such cases and have done a very quick search via
> Westlaw and Lexis, (our law databases) but found no such reported cases.
> Any cases involving disabled persons or accessibility are usually against
> organisations for failing to make things/places accessible.
> A relevant case is Author's Guild v Hathtrust:
> https://www.eff.org/cases/authors-guild-v-hathitrust. Although not against
> an individual person, the court opinion contains cited US cases that may
> useful.
> There are currently international movements to make copyright content
> more accessible to people with disabilities worldwide such as the WIPO
> Marrakesh Treaty which addresses the legal barriers to the international
> exchange of these works - it creates exemptions to copyright law that
> for the production and international exchange of accessible books without
> the permission of right holders and the Accessible Books Consortium (ABC),
> launched in June 2014, which tackles practical barriers to access.
> Léonie could try contacting RNIB:  http://www.rnib.org.uk/ Disability
> UK:  http://www.disabilityrightsuk.org/
> http://www.wipo.int/treaties/en/ip/marrakesh/summary_marrakesh.html
> or the  World Blind Union:
> http://www.worldblindunion.org/English/Pages/default.aspx
> I can put the question to the Copyright Mail list but it would be helpful
if I
> could offer a little background as to Léonie's research.
> Al the best
> Kate"
> Cheers
> Gill
> -----Original Message-----
> From: Howard Leicester [mailto:howard_leicester@btconnect.com]
> Sent: 20 May 2016 10:30
> To: tink@tink.uk; 'w3c WAI List'
> Cc: 'Long, Alison'
> Subject: RE: Disabled people and copyright infringement
> 	Hi Leonie,
> The UK's book repository for disabled students, now 'Book Share' run by
> Royal Nat. Instute of Blind people and Dyslexia Action:
> http://www.load2learn.org
> may be able to help.
> (Alison Long Cc'd in for contact).
> Perhaps no specific court cases, but possibly steps required with and for
> publishers to avoid infringements (with implications partially answering
> question?).
> Extra best,
> Howard (Leicester)
> -----Original Message-----
> From: Léonie Watson [mailto:tink@tink.uk]
> Sent: 20 May 2016 09:38
> To: 'w3c WAI List' <w3c-wai-ig@w3.org>
> Subject: Disabled people and copyright infringement
> Hello WAI IG,
> I'm looking for examples of law suits and/or court cases, where people
> disabilities have been sued/prosecuted for copyright or other copy
> protection infringement (anywhere in the world) because they were trying
> to access content that would otherwise be inaccessible to them.
> Rudimentary online searches have turned up nothing useful, so I'm hoping
> that someone/some people on this list will be able to point me in the
> direction! Thanks.
> Léonie.
> --
> @LeonieWatson tink.uk Carpe diem
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Received on Monday, 23 May 2016 08:38:48 UTC

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