[A2k] The 2012 U.S. Copyright Office decision regarding technological protection measures, including discussion of commercial availability of accessible works

Krista L. Cox krista.cox at keionline.org
Mon Jun 10 05:46:08 PDT 2013

Technological protection measures and exemptions permitting circumvention
of these measures are an important issue in the negotiations for the treaty
for the visually impaired.  KEI has a note on such exemptions, including a
discussion of whether permitting these exemptions only in cases absent
commercial availability is appropriate or ensures fair access for persons
who are visually impaired.  It also discusses the evidence standards used
to support the exception.  In discussing these issues, the note reviews the
three year rulemaking procedure in the U.S. which grants such exemptions,
focusing on the most recent rulemaking process in 2012 and includes the
proposal by the ACB/AFB, opposition by the publishers and the position of
the NTIA supporting ACB/AFB.  As evidenced by the 2012 rulemaking process,
conditioning exemptions on the lack of commercial availability or requiring
high evidence standards hinders access to accessible format works.

It also considers two possible approaches to improving the current language
on commercial availability, to deal with the issue of Interoperability and
functionality of readers or players.

This note is available as a PDF file at http://keionline.org/r2r/marrakesh

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

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