Fair Use and Accessibility for Persons with Disabilities
Joanne Karger, J.D., Ed.D.Date
This brief presents an overview of the “fair use” doctrine under copyright law in relation to the provision of accessible texts to persons with disabilities. The doctrine of “fair use” allows for the use of previously copyrighted works under certain circumstances without first having to receive the permission of the copyright holder. Section 121 of the U.S. Copyright Act (also known as the Chafee Amendment and updated by the Marrakesh Treaty Implementation Act) similarly exempts authorized entities from copyright infringement liability in the reproduction or distribution of copies of previously copyrighted works in accessible formats for use by eligible persons with disabilities.
Karger, J. (updated 2020). AEM Center Brief: Fair Use and Accessibility for Persons with Disabilities. Wakefield, MA: National Center on Accessible Educational Materials for Learning. Retrieved [insert date] from https://aem.cast.org/publications/2020/fair-use-and-accessibility-for-persons-with-disabilities