Transcript E-Text - Accessing Higher Ground

OVERVIEW OF SCANNING
Scanning
Scanning takes a picture
 Similar technology to the copy machine
but outputs to a digital file, not paper

Scanning Products
Scanning creates a picture.
 Black and white scanning creates a
TIFF.

– TIFFs can be multiple pages.

Color scanning usually creates a JPEG.
– JPEGs are single pages only!!
But I scan to…

If you get anything else other than a TIFF or
JPEG, you have used software to convert.

If you scan to PDF, you have used
software to transform your file.
– Scanning hardware does not create PDFs.
What is a TIFF?

TIFF files are graphics, i.e., pictures of
text
– Tagged Image File Format (TIFF)

Robust, stable standard file type
– No version issues
– Any program that can open mutlipage
graphics can open a TIFF
Why Archive TIFFs?
Learning disabled students make up the
largest disability group on most
campuses.
 Programs such as Kurzweil 3000 and
WYNN, which are designed specifically
for LD students, read TIFF files.
 TIFF files look like the pages from the
book, making it easier for LD students.

Converting TIFFs
TIFF can be converted to other formats,
including other graphic formats.
 To get to the text you must run a TIFF
file through an optical character
recognition (OCR) program.

– Note: Kurzweil Pro and WYNN Wizard
have OCR programs built into them.
In Kurzweil 3000
The TIFF must be opened on a Kurzweil
Professional (Scan and Read station)—
not a Learn (Read Only) station.
 Kurzweil runs its own internal OCR.
 To make the files available on the Learn
stations, you must open the TIFF in
K3000 and save it as a KESI (.KES)
format.

Scan documents
Load image (TIFF)
into Kurzweil 3000
Professional*
Runs OCR—limited
structural control
KESI file
(Kurzweil format)
Creates a TIFF
(Image)
Load image (TIFF)
into Abbyy FineReader
or Nuance OmniPage**
Runs OCR—full
structural control
E-text
Scanning Terms

DPI
– dots per inch
– 300 dpi standard for text
– More is not necessarily better!

Mode
– Black & white (like line art)
– Grayscale (like black & white photos)

Duplex vs. Simplex
– Double-sided vs. single-sided; two sides at a
time vs. one side at a time
Scanning Procedure
Remove spine from book (check with
print shop/library)
 Separate any pages still glued together
 Insert separator sheets as needed
 Scan to TIFF
 Burn to CD—one for student, one to
archive
 Log book into the AMX database

Details

Chopping books
– Guillotine, Exacto knife, Kinko’s
– Separate pages

Scan to TIFF
– Three parts: front matter, chapters, back matter

Run OCR
– Abbyy FineReader

Easier to use, shorter learning curve, good structural recognition
– OmniPage Pro


Better for technical documents, good automation features
Save files
File Structure

Label chapter folders as follows:
– 01 Chapter
– 02 Chapter

Label front matter to place it first:
– 00 Front Matter

Label back matter just with its name:
– Back Matter

This file structure will create a logical order
for the student.
Example
Create a Template
After You’re Done
Please share!
 AMX Database


Contact us if you’re not sure who has
rights as campus administrator.
AMX Database
LEGAL QUESTIONS
Copyright
Copying a book is not legally
 So what do we do??

Considerations
ADA laws
 Rights of ownership
 Fair use
 Chafee Amendment

Chafee Amendment

“[I]t 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.”
Chafee Legalities
(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.
Possible Specific Wording
Specialized format for use by student
with print disability. Any further
reproduction or distribution of this
material is an infringement of copyright
law.
 Copyright 0000, Publisher name

But…

Cannot operate purely under Chafee
– May not be authorized entities (uncertain)
– Lack of specialized format
– Lack of copy protection
Rights to Access

Student owning the book allows us to
create alternate formats as part of their
educational accommodations
– ADA requires us to accommodate students
– Purchase of book means copyright holder
is compensated
Is It Fair Use??

Fair Use is not a law but an argument
under the law

Four criteria are considered on a caseby-case basis
Four Factors

(1) the purpose and character of the use,
including whether such use is of a
commercial nature or is for nonprofit
educational purposes;
 (2) the nature of the copyrighted work;
 (3) the amount and substantiality of the
portion used in relation to the copyrighted
work as a whole; and
 (4) the effect of the use upon the potential
market for or value of the copyrighted work.
Fair Use
For educational purposes—in favor
 Nature of work is textbook—likely in
favor
 All of book—definitely not in favor
 No economic impact—in favor

Hathi Trust Case
The Identities of the Parties
Indicate the Interests

Plaintiffs are organizations interested in protecting
the copyrights of members, e.g. The Author’s Guild
 Defendants: five colleges that participate in the
U.M.’s Hathi Trust and Google’s “Mass Digitalization
Program (MDP)” to digitize their entire library
collections (U.Mich., U.Wis., U.Cal., Indiana, and
Cornell)
 Intervenor: the National Federation of the Blind
 Amici: three library associations
How It Works




Google scans and digitizes the complete
college/university library collection
73% of the items scanned are copyrighted,
most are non-fiction; 10,000,000+ total
Google gives two copies back to the library:
scanned images (for preservation) and as
text (for search and alternate media)
Each institution then contributes two copies
to the Hathi Trust’s digital library (MDP)
Three Claimed Purposes for
the Scanned Materials

Full-text digital searches
– For works that are not in the public domain; and
– For works the copyright owner has not
authorized use

The full-text search indicates only
– The page numbers on which a particular term is found;
and
– The number of times the term appears on each page


Preservation of printed material
Alternate media for individuals certified to
have a “print disability”
Third Purpose

Addresses a serious problem for blind students
– “Prior to the development of accessible digital
books, the blind could access print materials
only if the materials were converted to braille
or if they were read by a human reader, either
live or recorded.”
– Absent a program like the MDP, “printdisabled students accessed course materials
through a university’s disability student
services office and most universities are able
to provide only reading [materials] … actually
required [by the syllabus].”
Arguments

Pl. has at least established a prima facie case
of copyright infringement
– The court agrees but

Defendants raise three defenses
– Plaintiff organizations have no standing to bring
this action since they are not the true copyright
holders (not discussed further in this presentation
but an important argument)
– Defendant’s transformative use of the materials
qualifies for the fair use exception to copyright
– The Chafee Act makes clear what the defendants
are doing is fair use
“Fair Use” Elements of Proof


Fair use permits copies to be made for purposes of
scholarship, teaching, and research. The burden
to prove this is on the defendant.
Court Used a Three factor test:
– Is the character commercial or for a nonprofit
educational purpose (collapsed first two statutory
factors)
 Is the use “transformative”?
– Amount of the work copied
– Impact on the market and value of the work
Fair Use Factor I

Is the character commercial in nature or for a nonprofit
educational purpose?
 Held non-profit, not commercial purposes
– The MDP allows scholars to identify related works more efficiently
– The collections are protected from deteriorating
– Provides print disabled persons access to a wealth of information
in the library collections.

“[T]o the extent that copying allows print-disabled
individuals access to ‘previously published nondramatic work(s)’ on an equal footing with sighted
individuals, it is also potentially permitted [under]
the Chaffee Amendment. … The ADA [itself] also
provides strong support for the conclusion that the
provision of access to print-disabled persons is a
protected fair use.”
Is the use “transformative”?
– Yes, It is Transformative
– Here, except for print-disabled patrons, no
actual text of the book is revealed
– Rather than access to actual materials, the
product of the scan is “superior search
capabilities,” giving “rise to new methods of
academic inquiry such as text mining”
Meeting the Need
Putting print disabled persons on the same footing
as sighted individuals
– Not a significant market for publishers
– Access to them was NOT an intended use of the
original work, the works were intended for the
enjoyment of sighted persons
– “Making a copy of a copyrighted work for the
convenience of a blind person is expressly
identified by the House Committee Report as an
example of fair use, with no suggestion that
anything more than a purpose to entertain or to
inform [is] needed to motivate the copying.”
–
Prong II: Amount
of the Work Copied

Copying factual works (books, papers,
etc.) is more likely fair use than copying
creative works
– 73% of the identified works are non-fiction
Prong III: Impact on the
Market and Value of the Work
Does the new use “usurp” the market for the original
work?
 No usurpation found by the court

– An entirely noncommercial use
– No real likelihood of harm to the copyright holder

Books would not be purchased in traditional channels for the two
unique purposes of the MDP. Full text searches or access to printdisabled persons aren’t served in traditional channels.
– “The provision of access for print-disabled individuals does
not significantly impact a market. …. [P]rint disabled
individuals are only a tiny minority….”
– “This [market impact] argument overlooks the fact that
it is minorities such as this that Congress sought to
protect through enactments like the ADA.”
Harm of Republication
on the Internet?
Security procedures in place at the
universities are strong
 Libraries must certify to trustworthiness
 The argument that this will hurt potential
markets is “conjecture”

Judge Baer on Fair Use

“A copyright holder cannot preempt a
transformative market …. Because I
conclude that two of the uses are
transformative -- that is the provision of
search capabilities and access for print
– disabled individuals … does not cause
the copyright holder to ‘suffer market
harm’ due to the loss license fees.”
Holding on Fair Use (cont.)

“The enhanced search capabilities that reveal
no in-copyright material, the protection of
Defendant’s fragile books, and perhaps most
importantly, the unprecedented ability of printdisabled individuals to have an equal
opportunity to compete with their sighted
peers in the ways imagined by the ADA
protect the copies made by the Defendants
as fair use to the extent that Plaintiffs have
established a prima facie case of
infringement.”
Judge Baer’s Conclusion:
“This is the Essence of Fair Use”

“I cannot imagine a definition of fair use
that would not encompass the
transformative uses made by Defendant’s
MDP and would require that I terminate
this invaluable contribution to the progress
of science and cultivation of the arts that at
the same time effectuates the ideals
espoused by the ADA.”
And Don’t Forget the Chafee
Amendment Act
An amendment to the copyright act
 Authorized entities are permitted to
reproduce and distribute previously
published non-dramatic literary work in
specialized formats exclusively for the use
of persons with disabilities

University of Michigan (UM)
is an “Authorized Entity”

An “authorized entity”
– Non-profit organization
– Or, governmental entity
– Primary mission to provide specialized services
relating to




Training or
Education or
Adaptive reading or
Information access needs of blind and other persons
with disabilities
“Fair Use” or “Authorized Entity”
Either Way Works for UM
– UM library meets this definition
– Other defendants may not but they “may
certainly rely on fair use, as explained above
… in the event they are not authorized entities
[under Chafee]”
Is the Use Fair?
Search engine indexing is a fair use
 Digitizing texts may have great social
value

– Create unique and efficient research tools
– Preserve literature
– Create access to books not previously
available to persons with print disabilities
No Market Harm

Digitizing books does not necessarily
diminish or threaten the otherwise
existing market for those books
ADA

Americans with Disabilities Act affirmatively
requires “equal access to copyrighted
information.”
– Digitizing to create this access is a fair use
under copyright law

Programs in the nature of the MDP
program at the University of Michigan
satisfy both fair use and Chafee
requirements.
One More Argument for
Universal Design
 “Courts
seem highly sympathetic to the
idea that universities ought to be
allowed to translate their traditional
research and teaching models to use
digital delivery technologies. Their new
duties to print-disabled students come
with significant benefits, as well.”
James Grimmelmann, HathiTrust: A Landmark Copyright Ruling,
Publisher’s Weekly On Twitter @Pwxy (October 13th, 2012)
Lessons Learned
Most Important Factor

Copyright holders have a right to benefit
from their intellectual property

We need to do our due diligence to
ensure that we do not diminish the
value
Bottom Line

Ownership is important
– Student OR campus owning book
– Ask for receipt and keep it.
– If received from a fellow student, ask for a
handwritten note.

Student contracts agreeing not to share
are so important
– Make sure the student’s signature is on file
Can We Keep It?

One book = one copy of e-text
– It’s a package deal.
Recommend including statement in
student contract
 Check with administration for wording

– Something like: “If you sell the book
associated with this e-text, then return the
e-text to DSPS.”
Best Practice

Best practice is to at least ask publisher
for permission (or at least notify them)—
BUT you must accommodate students

Bottom line: Publishers do not want
to sue a customer
And Remember…

Accommodating students is a campus
responsibility

Do try to get e-text from the
publishers…but when in doubt, scan!
E-TEXT FROM PUBLISHERS
AB 422
Student has certified print disability
 Written request (e-mail / fax okay)
 College or student has purchased text
 Student enrolled in class
 Student agrees not to share or copy
 Publisher may request student
signature
 Publisher does not need student's name

AB 422 limitations
Text must be required by instructor
 Text must be produced primarily for
post-secondary use
 Math, science, and engineering are
currently exempt (You can request text
only.)
 Novels, mainstream books, and
reference books are exempt

AB 422 vs. Scanning

AB 422
– e-text from
publishers
– must purchase
book
– student enrolled in
the class
– required textbooks
– Publishers’
permission
required to share

Scanning
– scan in-house
– must purchase
book
– no enrollment
restrictions
– no restrictions on
type of book
– permission not
specifically
required, but good
to notify
Alternate Text Production
Center (ATPC)

www.ATPC.net
– ATPC will request books from publishers
for the CCCs
– Turnaround for archived books very fast
– Turnaround for other books depends on
publishers

ATPC also does braille
Access Text Network
www.acesstext.org
 Basic membership is free

– Request books from member publishers

Premium membership
– $250/ yr OR contribute 25 titles to the
exchange
– Exchange files from member publishers
ATN Publishers

Cengage Learning
 Elsevier
 F.A. Davis Company
 John Wiley & Sons
 Jones & Bartlett
Learning
 Kogan Page
 Lynne Rienner
Publishers

Macmillan Higher
Education
 McGraw-Hill Education
 Pearson Education
 SAGE Publications, Inc.
 Sinauer Associates
 Springer Publishing
 W.W. Norton
Other Services

Accessible Textbook Finder
– http://www.accesstext.org/atf.php
– Find e-text
– Searches Bookshare, Learning Ally, and
others

Search “Publisher Look-up”
– Find contact info for non-ATN publishers
Be Aware!
Files usually require clean up
 Scanning is sometimes still faster and
easier


Especially when you know how to get
the most from your scanner! ;-)