Are you using Section 121 of the Copyright Act (the Chafee Amendment) as a tool for meeting the Title II Digital Accessibility Mandate? Academic libraries typically rely on fair use analysis or pursue permissions from publishers when creating accessible formats of copyrighted materials. But these tactics can cause delays that leave students without the materials they need.
With Section 121, libraries are given explicit statutory permission to create accessible formats for patrons with print disabilities--no fair use analysis is required, and no publisher permission is needed. Unlike fair use, market impact doesn't matter: libraries can create accessible versions even when publishers sell their own "accessible" products.
Through real scenarios--urgent textbook needs, inadequate publisher "accessible" versions, and institutional transition planning--attendees gain confidence using Section 121 to serve students legally and effectively while building sustainable, proactive accessibility.
Attendees of this session will be able to:- Distinguish between fair use analysis and Section 121 authorization, identifying when each applies to creating accessible formats and why Section 121 provides clearer legal protection for libraries.
- Explain how Section 121 authorizes libraries to create accessible formats without publisher permission for patrons with print disabilities, supporting Title II Digital Accessibility Mandate compliance.
- Apply decision frameworks for library accessibility work: prioritizing born-accessible acquisitions, evaluating vendor accessibility claims, and using Section 121 when accessible versions are unavailable or inadequate.
- Develop library policies integrating Section 121 into reserves, interlibrary loan, and special collections while avoiding common mistakes that forfeit legal protection.
