[A2k] U.S. Fair Use and the Chafee Amendment: How Do They Overlap?

Krista L. Cox krista.cox at keionline.org
Tue Jun 4 04:45:00 PDT 2013


The WIPO diplomatic conference to negotiate a treaty for persons who are
visually impaired is slated for 17-28 June 2013 in Marrakech, Morocco. In
the context of these negotiations, there have been several discussions
regarding the fair use tradition in the United States and whether
references to it are important to the treaty. An analysis comparing the
fair use tradition with the specific limitation provided for by the Chafee
Amendment that permits the creation and distribution of accessible format
copies of works is available for download at the link above. The analysis
illustrates why both are fair use and the Chafee Amendment are needed for
persons who are visually impaired as well as those serving such
communities. While the Chafee Amendment benefits persons who are visually
impaired, there are areas that are restrictive and fair use therefore
remains an important tool.

Along with the analysis in both PDF and Word formats, the link above has an
attachment of the 2004 memo of the Association of American Publishers
(AAP), written by Allan Adler and Liz Delfs, which lays out the AAP's
interpretation of the Chafee Amendment.

Krista L. Cox
Staff Attorney
Knowledge Ecology International
(202) 332-2670

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