1. OVERVIEW OF SCANNING

2. Scanning Scanning takes a picture Similar technology to the copy machine but outputs to a digital file, not paper

3. 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!!

4. 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.

5. 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

6. 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.

7. 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.

8. 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.

9. Load image (TIFF) into Kurzweil 3000 Professional* Load image (TIFF) into Abbyy FineReader or Nuance OmniPage** Runs OCR — full structural control Runs OCR — limited structural control E-text Creates a TIFF (Image) KESI file (Kurzweil format) Scan documents

10. 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

11. 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

12. 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

13. 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.

14. Example

15. Create a Template

16. After You’re Done Please share! AMX Database Contact us if you’re not sure who has rights as campus administrator.

17. AMX Database

18. LEGAL QUESTIONS

19. Copyright Copying a book is not legally So what do we do??

20. Considerations ADA laws Rights of ownership Fair use Chafee Amendment

21. “[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.”

22. 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.

23. 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

24. But… Cannot operate purely under Chafee – May not be authorized entities (uncertain) – Lack of specialized format – Lack of copy protection

25. 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

26. Is It Fair Use?? Fair Use is not a law but an argument under the law Four criteria are considered on a case- by-case basis

27. 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.

28. 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

29. Hathi Trust Case

30. 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

31. 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)

32. 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”

33. 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, “print- disabled 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].”

34. 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

35. “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

36. 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 non- dramatic 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.”

37. 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”

38. 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.”

39. 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

40. 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 print- disabled 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.”

41. 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”

42. 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.”

43. 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 print- disabled 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.”

44. 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.”

45. 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

46. 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

47. “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]”

48. 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

49. No Market Harm Digitizing books does not necessarily diminish or threaten the otherwise existing market for those books

50. 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.

51. 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)

52. Lessons Learned

53. 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

54. 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

55. 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.”

56. 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

57. And Remember… Accommodating students is a campus responsibility Do try to get e-text from the publishers…but when in doubt, scan!

58. E-TEXT FROM PUBLISHERS

59. 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

60. 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

61. 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

62. 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

63. 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

64. 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

65. 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

66. 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! ;-)