The intersection of copyright laws and the necessity for accessible digital resources presents a complex landscape for higher education institutions. While copyright laws protect the intellectual property of authors and publishers, the legal and ethical obligation to provide accessible formats for individuals with disabilities often necessitates navigating these protections carefully. The University Libraries (UL) and Assistive Technology Initiative (ATI), in partnership with other key university departments, commit to balancing these needs through proactive measures and collaboration.
Existing Laws and Guidelines
Current federal and state laws and guidelines, including the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, the Web Content Accessibility Guidelines 2.x AA (WCAG), and U.S. Copyright Law, seek to harmonize the copyright protections of published works with the imperative to offer accessible formats for individuals with print disabilities. Despite this guidance, however, discrepancies remain in the accessibility of digital resources offered by various publishers.
Although some publishers proactively ensure their digital resources meet WCAG standards, others do not, leading to inconsistencies in the accessibility of these assets. While existing law supports higher education institutions converting published works into alternative formats as needed (e.g., braille, large print, audio, etc.), ambiguity arises when proactive efforts to enhance the accessibility of these digital resources are taken.
Library E-Resource Accessibility
To address this ambiguity, UL and the Assistive Technology Initiative, in consultation with University Counsel and the Stearns Center, will periodically review our most commonly used library e-resources. This review aims to identify those resources with licensing agreements that permit faculty and staff to proactively enhance the accessibility of digital content (e.g., journal articles, videos, etc.), particularly when the source material does not comply with accessibility standards. If you need assistance in identifying options for accessible library materials to use in your teaching and research, please start with your Subject Librarian.
Additional Support Resources
- Library Accessibility Alliance’s evaluations – Since 2017, the Library Accessibility Alliance (LAA) has contracted with third-party, independent accessibility consulting companies to perform high-level accessibility evaluations of specific library e-resources based on WCAG 2.1 AA. These tests are not full, comprehensive evaluations; rather, they are focused on identifying some, but not all, accessibility issues and barriers. This resource is a good starting point for determining the accessibility of commonly used library e-resources.
- Architecture Standards Review Board (ASRB) – The ASRB is responsible for reviewing, verifying compliance, and providing recommendations for new and upgraded software and hardware procurement projects. Among other areas, reviewing the accessibility of new and upgraded digital resources is a critical part of the process. For information on the accessibility of digital resources that have gone through the ASRB review process, contact asrb@gmu.edu.
- Assistive Technology Initiative – The Assistive Technology Initiative (ATI) is dedicated to ensuring equal access to digital resources for all members of the Mason community, regardless of their learning styles and abilities. This commitment includes a range of no-cost services, including captioning, transcription, and audio description for videos, as well as the conversion of documents into accessible formats. If you need assistance with converting instructional resources (i.e., documents, video, etc.) into accessible alternative formats, please contact the ATI.
- Educational Materials Made Accessible (EMMA) – EMMA is a joint project of higher education institutions with the purpose of reducing the duplication of accessible textbook remediation efforts in disability service offices at colleges and universities across the United States. For more information, visit the EMMA Welcome Page.
Laws and Guidelines impacting Copyright and Digital Access
For additional guidance regarding the laws and guidelines impacting copyright and digital accessibility, please review the resources below:
- Disability Law
- Digital Access
- Copyright
- U.S. Copyright Office Fair Use Index
- U.S. Copyright, Section 107 – Limitations on exclusive rights: Fair Use
- U.S. Copyright, Section 121 – Limitations on exclusive rights: Reproduction for blind or other people with disabilities
- U.S. Copyright, Section 121A – Limitations on exclusive rights: Reproduction for blind or other people with disabilities in Marrakesh Treaty countries
- Understanding the Marrakesh Treaty Implementation Act [PDF]
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Assistive Technology Initiative
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Ph: 703-993-4329