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May 06, 2003
Production-side Accessibility, Take Two
Jim Flowers responds to my thoughts on the Georgia bill that would require publishers to make digital copies of their printed works available to educators who are meeting the needs of disabled learners. Jim points out that there are potentially some tricky implementation issues in this bill. He's right, there are some hefty implementation issues that are not specifically addressed in the legislation (or poorly addressed).
Some specific issues he raises are:
For example: What about out of print texts that are provided by copying? What about small presses with titles still in use (100 per year) by classes of obscure topics? What format shall we prepare these files?
I've lumped these questions together
I noted the "legacy texts" issue as well in my previous post. Legacy texts, e.g. those that went to press, oh, probably more than 8-10 years ago, will be difficult to provide in any useful digital format because the source files, if they ever existed (!), are either in an antiquated digital format or no longer saved. Scanning in printed works can be expensive and frequently doesn't put the content in a digital format that is that much more useful for a disabled user to work with (e.g. a scanned page can't be read by a screen reader).
Publishers are not going to be reticent about providing digital files because of the format, though, but because of the risk of copying/distribution posed by releasing the digital source files to your analog product. C.f. Napster, RIAA, etc!
Would a publisher find a "business decision" to avoid sales in that state agreeable? And, when would a publisher know they are selling to a state student (Amazon, other web sites don't discriminate) -- is that publisher then liable?
Well, since a Georgia state law holding, say, a New York publishing house liable for damages for violating the rights of the Georgia disabled would
And, since ADA laws already protect the "print access disabled" does a state law add any value?
Absolutely!
Walk into the Office for Students With Disabilities at any campus and you'll find that they manage all kinds of technology for magnification, scanning, text recognition, etc. Fifteen years ago that was the only way to get things done. Today, a blind learner has her own laptop with a capable screen reader, but can't use that technology at hand to access her educational materials because the content isn't available digitally. Or there's technology that will highlight words/phrases for learners with reading disorders (e.g. dyslexia) to help them read better, but requires the content in a digital format. But, as far as education goes, the ADA puts the burden on the educational institution to make the educational materials accessible -- so it becomes the responsibility of the institution to convert the texts for those users.
Why should the educational institution bear the costs of the publisher's inaccessible content? Particulary when all contemporary content already exists in a digital format somewhere?
This is what interests me so much about this law -- it shifts the burder from the consumer (the learner) and the middleman (the educational institution) to the producer (the publisher)...which is where the responsibility for accessibility should live.
Posted May 6, 2003 07:11 AM