Update January-March 1997, Vol. 20, No. 1 ISSN 0160-9203 National Library Service for the Blind and Physically Handicapped The Library of Congress New law allows special-format books for blind without copyright permission A new law will enable NLS and other nonprofit agencies to start production of braille and recorded books sooner and therefore get books to readers more quickly. Public Law 104-197 was signed by President Clinton and amended to the United States Code on September 16, 1996. It allows nonprofit agencies, including government services, to produce special-format books and magazines without first obtaining permission from the copyright holder. The law covers nondramatic literary works reproduced in braille and recorded formats specifically for the use of blind and visually impaired individuals and persons with physical disabilities. The legislation also frees network libraries and other agencies to produce special-format books and magazines without first obtaining copyright clearance. In the past, NLS has most often obtained clearance for network material--a process that will no longer be necessary. "This is the most significant action for improvement of library services since the Pratt Smoot Act established the Library of Congress program more than sixty-five years ago," says NLS director Frank Kurt Cylke. Previously, copyright permission usually had to be requested individually for each book selected for production, which often resulted in considerable delay in getting material to readers. Books and magazines will continue to carry a copyright notice and must be reproduced in formats available only to blind and handicapped readers. Legislative background The bipartisan measure, sponsored by Senator John H. Chafee (R-Rhode Island), was presented as an amendment to the legislative branch appropriation for fiscal year 1997. Other sponsors included Senators Jeff Bingaman (D-New Mexico), Mike DeWine (R-Ohio), Wendell H. Ford (D-Kentucky), Sheila Frahm (R-Kansas), Bill Frist (R-Tennessee), Patrick J. Leahy (D-Vermont), Mitch McConnell (R-Kentucky), Larry Pressler (R-South Dakota), and Ted Stevens (R-Alaska). In the Congressional Record of September 3, 1996, Senator Chafee said, "This amendment, which makes a very small change in the current copyright law, will make an enormous difference to our nation's blind children and adults. It has the approval of the authorizing committees in both Chambers, as well as the support of the National Federation of the Blind, the American Foundation for the Blind, the American Printing House for the Blind, Recording for the Blind and Dyslexic, the American Council of the Blind, the Association of American Publishers, and the U.S. Office of Copyright....My amendment seeks to end the unintended censorship of blind individuals' access to current information." Benefits to readers The most obvious advantage the amendment provides is that it increases the speed of producing books in braille and recorded formats. Obtaining copyright permission was previously a long process that required NLS to mail publishers a multipart form and then to wait for a reply. In most cases, publishers granted permission on behalf of the copyright holder. Ms. Ruth Foss, head of the NLS Collection Development Section, says, "Even when forms are returned fairly promptly, it takes time both here and at the publishers just to handle the paperwork and keep the records." In some cases the form had to be forwarded to an agent of the original owner, causing additional delays. "We've had books on the shelves for two or three years waiting for copyright clearance," says Ms. Foss. Publishers who granted blanket permission for special-format reproduction, and copyright holders and their agents who used the checkoff box on the official copyright registration form to grant blanket permission were instrumental in alleviating some of the problem. While helpful, neither of these actions made a significant change in the overall situation. A major benefit of the new law will be the ability to produce anthologies containing stories and articles--by a variety of authors--that have separate copyright owners. The sheer magnitude of obtaining multiple permissions has prevented the production of most books of this type. "And this kind of book is important to our readership," says Ms. Foss. "The advantage to students is obvious, and many of our elderly readers appreciate short items that can be read in a single session." See also article below. (photo caption: "This says groups that produce specialized formats for the blind no longer are required to obtain copyright permission from the copyright holder before beginning production."--Senator John H. Chafee (R-RI), law's sponsor.) (The president's message I am especially pleased to sign into law a provision that will allow blind and visually impaired persons to get earlier access to books and other reading matter. As a result of an agreement between the publishing industry and advocates for people with disabilities, books can now be converted into alternative formats such as braille as soon as they appear in print. Prior to this change, the Library of Congress and other organizations that sought to provide these materials had to obtain permission from copyright holders on a case-by-case basis, leading to lengthy delays in access to all types of reading material. This law will help us reach our goal of full inclusion of people with disabilities. --William J. Clinton) (Statement by Senator John H. Chafee (R-Rhode Island) Legislative Branch Appropriations Act, 1997 Books for the Blind (After presentation of the amendment and definitions) "In 1931, the Library of Congress National Library Service for the Blind and Physically Handicapped was established by an act of Congress. Since then, funding for this immensely valuable program has been included in the legislative branch bill, which, of course, funds the Library of Congress. The National Library Service and a handful of nonprofit organizations reproduce in specialized formats published material that is readily available to sighted individuals in libraries, bookstores, newsstands, and countless other locations. Specialized formats refers to braille, sound recordings-- either on cassette or phonorecord--and new digital formats that can be used for special software. To make certain that recorded books and magazines are used only by those for whom they are intended, they are recorded at a speed that simply does not work on standard tape players.... Frequently, the National Library Service issues request after request only to wait months for a response from the publisher. These delays are not because the publishers have a desire to withhold permission; it is simply a low priority. They just set it aside. There are still seventeen books from the 1995 bestseller list for which permission is still pending. For our nation's more than fifty-four thousand blind elementary and secondary school students, this is a great problem....All in all, it can take a full year to produce a braille textbook. Added time consumed by trying to get permission from publishers makes it certain that the blind student is not in sync with his classmates. The amendment Senator Frahm and others and I are introducing seeks to end the unintended censorship of blind students' access to current information....This is a very simple amendment. This says groups that produce specialized formats for the blind no longer are required to obtain copyright permission from the copyright holder before beginning production. It is based on an agreement that was reached last January between the Association of American Publishers and the National Federation of the Blind. It includes a very narrow definition of those who are eligible to undertake such production and applies the definition for - eligibility used by the National Library Service to those who receive reproductions. So, Mr. President, as has been said by a member of the National Federation of the Blind, "It should be obvious that the delays here present a significant barrier which must be overcome if blind people are to be informed and literate. It is not too much to say that living successfully in our modern society often depends upon being able to communicate ideas and facts both orally and in writing." I conclude by a statement from Marybeth Peters, who is the Register of Copyrights at the Library of Congress. In testifying before the Senate Judiciary Committee she said, "Blind and physically handicapped readers have a legitimate need for prompt and timely access as soon as possible after works become available to the general reading public. Textbook materials in particular are commonly out of date within one to two years, superseded by new editions." Passage of this amendment will permit the speedy access to information that blind people need. (From Congressional Record, July 29, 1996. Measure laid before the Senate.)) Perkins Brailler repair service opens As a mutual support project, the Arizona Instructional Resource Center (AIRC) at the Foundation for Blind Children in Phoenix and the Mohave Treatment Programs Department at the Arizona State Prison Complex at Douglas (ASPC-D) have jointly opened a Perkins Brailler repair service. The service began in August 1995 and has experienced such success that it is now ready to go public. In Douglas last spring, the two agencies celebrated agreement on the final details. Now the "Arizona Brailler Repair Service" is available to anybody in the country. One hundred four braillewriters have been repaired and serviced so far, and customer satisfaction is reported excellent. The brailler repair service is administered by the AIRC, with the actual repair work taking place in Douglas. Inexpensive maintenance and repair (a $15 flat fee for labor) with a six-month warranty are offered to anyone in the country. Because the more common replacement parts are stocked at ASPC-D, most jobs can be completed in approximately two weeks. When unusual parts must be ordered from Massachusetts, the completion time may be extended. (For more information or to send your Perkins for service, contact Inge Durre, AIRC The Foundation for Blind Children 1235 E. Harmont Drive Phoenix, AZ 85020 Phone (602) 331-1470) Oregon thanks `Cracker Jacks' The Oregon State Library Talking Book and Braille Services (TBABS) celebrated National Volunteer Week on April 24, 1996, with a catered luncheon and an awards ceremony. Sixty volunteers joined staff and library board members to mark the event. Each volunteer was honored with a "Cracker Jack" volunteer certificate, a brass bookmark, and a box of Cracker Jacks. Six TBABS volunteers received "Life-Saver" awards in recognition of an exceptional job or for helping out on a special project. Five other volunteers also received special recognition. The Volunteer of the Year Award was presented to three volunteers for maintaining patron files, repairing machines, and narrating books. High school student Patrick Olson received the Student of the Year Award. Mr. Olson, who loves to volunteer, originally came to TBABS to volunteer forty hours to fulfill a school requirement. Last year he completed more than two hundred hours in the shipping room. His mother, Mrs. Virginia Olson, also received recognition for her efforts with TBABS. She is the first recipient of the library's Margaret Epley Volunteer Award, which is given to state library volunteers who act as role models in sharing the gifts and joys of serving their community. Volunteering became a family affair for the Olsons when Mrs. Olson decided to drop by the library to see what her son was doing. She enjoyed the work so much that she found herself working two to three days a week as a volunteer. "Virginia is a true gift to TBABS patrons and shipping-room staff alike," says LeAnn Bromeland, TBABS volunteer coordinator. Michigan Upper Peninsula honors Pioneers with holiday open house Michigan's Upper Peninsula Library for the Blind and Physically Handicapped in Marquette, Michigan, hosted a holiday open house to honor its Telephone Pioneers. The December 20, 1996, celebration was held at the library, where each of the nine Telephone Pioneers and their spouses received a warm greeting from staff, board members, patrons, and patrons' families and friends. Patrons responded generously and graciously when asked to send holiday cards or personal notes of appreciation to the Pioneers, according to librarian Suzanne Dees. The cards and notes were displayed on the ends of bookshelves amidst festive holiday decorations. One patron traveled more than two hundred miles round-trip for the occasion, and an eighty-year-old patron had a chance reunion with a former student who is now a volunteer driver. The Pioneers were recognized for their thirty-five years of service repairing talking-book machines for the Upper Peninsula region. "Without their assistance, the talking-book program would come to a screeching halt," said Ms. Dees. "The equipment is used heavily and is in constant need of maintenance. We depend on the skill and commitment of our volunteers," she said. The Telephone Pioneers meet at the Upper Peninsula Library for the Blind once a month to repair talking-book machines, conduct training sessions, and socialize. They also repair many machines in their homes. The Pioneers, also known as "Tool Time" volunteers, repair about one thousand machines each year. "Our very own `Tool Time' volunteers--William Chesney, Robert Hanson, Thomas Jack, Lyle Johnson, Erwin Holliday, William Menhennick, Paul Morin, Niron Virch, and Robert Ray--are truly a dedicated group," said Ms. Dees. Some of the Pioneers have been repairing talking books for more than thirty years. (photo caption: Robert Ray and Niron Virch, Telephone Pioneers, survey the bounty of cards from well-wishers at Upper Peninsula.) NLS tests new mailing cartons Several years of design modification and experimentation have given way to field testing, as the Massachusetts and Oregon - regional libraries begin sending braille books to patrons in newly designed containers. "We've had to keep modifying the containers to increase the level of protection," says Michael Moodie, NLS research and development officer. "Maybe that's good, though," he adds, "because this way we know that we really need everything we put into it." (For previous history, see Update April June 1994, pp. 1 and 2.) The latest model of the containers is considerably more durable than previous designs and is rigid rather than soft. Moodie also points to the difficulty of contriving a container big enough to accommodate the largest braille book and small enough to fit into the smallest corner mailbox. The current model does, "just barely," Moodie says. The carton is made of reinforced vinyl over rigid plastic. It has sturdy Velcro closures on two sides. When these are open, the carton collapses to lie flat for storage. The carton is black and has a carrying handle and a clear pocket for the address card. The testing libraries will use the two hundred test-run cartons for three to four months and will compile information on their performance. "We want to know how the cartons work out and how the patrons and librarians like them," Moodie says. If the cartons are acceptable, the design will be adopted for use in future production. If not, feedback from the testing libraries and patrons will be used to further refine the design. (photo caption: Michael Moodie, NLS research and development officer, inserts braille book into a new carton. In the foreground is a carton folded flat for storage. Photo by Jim Higgins.) Braille teachers' test gets validation study NLS has contracted with Human Resources Research Organization (HumRRO) of Alexandria, Virginia, to validate the National Literary Braille Competency Test (NLBCT). The test was released by NLS in 1994 as a method of evaluating the competency of braille instructors who teach blind children and adults. Mary Lou Stark, head of the Braille Development Section, says the validation will document the NLBCT's ability to test an instructor's braille skills and verify the relevance of skills tested to skills that need to be taught. The validation will also document the reliability of the NLBCT's four versions to ensure that a person would receive a comparable score regardless of the version taken. The NLBCT was developed under Library of Congress auspices by a committee of experts at the request of major blind membership organizations in the United States. These groups were concerned that teachers of blind children and adults be skilled users of braille themselves. The test evaluates competence in writing braille with a slate and stylus and with a braillewriter, ability to read braille, and knowledge of braille code rules. The validation process is divided into two parts. In the first part, the contractors will analyze the literary braille tasks that are performed by teachers in rehabilitation settings, in residential schools, and in mainstreamed classrooms and determine the degree to which the NLBCT assesses competence to perform these tasks. Second, the contractor will determine the reliability of the four versions of the NLBCT. The test will be administered to at least two hundred examinees, and the results will be analyzed to determine reliabilities and standard errors of measurement and also the difficulty and pass fail decision equivalence for each version. The director for the validation process will be Dr. Deirdre Knapp, whose experience includes designing and developing certification testing programs and job analyses for national organizations. Dr. Evelyn Rex will be the braille consultant for the NLBCT validation project. Dr. Rex is a braille expert with more than thirty years experience as a consultant in the education of visually impaired persons. She served as the director and a teacher in a program that she implemented at Illinois State University to educate teachers of visually impaired students. She has also served on committees and task forces to set guidelines and standards for programs and teachers of the visually impaired. HumRRO is a nonprofit corporation engaged in research, development, and evaluation in the behavioral and social sciences. Its services are used to improve human performance and organizational effectiveness. The organization was first established at George Washington University in 1951 to carry out human resources research for the army. Its professional staff includes approximately sixty-five psychologists, statisticians, computer scientists, and technicians, and its areas of expertise include performance measurement, job analysis, the development of assessment instruments and methods, and certification testing. HumRRO will submit recommendations based on the group's analysis. The validation process is expected to take two years. Braille student-instructor dialog The Braille Development Section receives numerous questions concerning a variety of problems in braille transcribing. This article will address some of them. The question- and-answer format is intended to give clarity. Student: In the book I am transcribing for my thirty-five-page trial manuscript, the chapter heading is written on a page by itself. How should this be handled in braille? Instructor: In keeping with the practice of saving space in braille, whenever the print text uses an entire page for a heading, the page should be omitted in braille. The heading should be separated by a blank line from the text that precedes and follows it. Student: The book I am transcribing contains a lot of format irregularities and some questionable use of punctuation. I understand that I should indicate these irregularities in a letter to the evaluator. However, should the letter to the evaluator be included in the thirty-five pages of my trial manuscript? If so, is it transcribed as a Transcriber's Notes page? Instructor: If you are transcribing a book that contains unusual formatting, punctuation, etc., attach a braille note to your trial manuscript to inform the proofreader about them. This note will not be considered part of your thirty-five-page trial manuscript and points will not be deducted for errors that might occur in it. Student: According to Section 12a1 of the official code, English Braille, American Edition 1994, the letter sign is required when a letter--or group of letters--immediately follows a number or is joined to it by a hyphen as in 4-H Club. However, is the letter sign required when a combination of letters forms a word such as 7-up, 5-mile, or 2-cell? Instructor: No. When a combination of letters forms a word, the letter sign is not required unless the letters in the word can also represent numbers. For example, in the expressions a 200-cab operation or a 500-egg farm the letter sign is required before the first letter of the combination. Otherwise, the phrases would read as a 200-312 operation or a 500-577 farm. Student: I have another question concerning the use of the letter sign. In the expression a 3-can case, should the contraction for can be used? Instructor: Absolutely not. By using the contraction for can, the expression 3-can case would read as 3-3 case. Thus, the word can should be written in full spelling, and the letter sign is not required. Student: I have one final question. Is it now incorrect to write out to, into, and by in order to use the maximum number of cells on the braille line? Instructor: No. However, Section 41b of the official code, English Braille, American Edition 1994, says that the contractions for to, into, and by may be carried to the next braille line in the following situations: 1. There is not sufficient space on the same braille line for the lower sign and at least the first syllable of the connecting word. 2. There is not sufficient space on the same braille line for the lower sign and the abbreviation and/or the braille equivalent for a print symbol and the joining letter or number. However, it is still permissible to write out to, into, and by at the end of the braille line. In fact, when it is possible to save a considerable amount of space on the braille line, it may be preferable to write out the contraction. For example: The remainder of the estate was divided into $10,000 bequests. Volunteers master new skills During the months of October, November, and December 1996, certificates in braille transcribing were awarded: nineteen in literary braille transcribing and one in literary braille proofreading. LITERARY BRAILLE TRANSCRIBERS California Yvonne J. Steiner, Castro Valley Connecticut Javier Santos, Cheshire Delaware Charles David Jones, Wilmington Florida Linda Jacobson, Orange Park Kansas William C. Horton II, El Dorado Nevada Joe Charbonneau, Las Vegas Ricky Hagen, Las Vegas Beverly R. Hill, Carson City V. Allen Vanisacker, Las Vegas New York Wendy T. Clark, Scottsville Rosemary G. Gately, Burnt Hills Mary C. Keenan, Hilton Ken Hsiao Tai, Woodside Oklahoma Melanie M. McAdams, Ada Oregon Cheri deWaard, Grants Pass Maria Suplee, Salem Pennsylvania Christine Crystal Peters, Hereford South Dakota Anthony J. Clemons, Yankton Wisconsin Edna A. Proeber, West Allis LITERARY BRAILLE PROOFREADER Mary Garrett, Talladega, Alabama Notice to Nemeth students Marcia Leibowitz is now the Nemeth Braille Advisor for NLS. All math lessons and tests should be sent directly to her: Marcia Leibowitz 10960 Bach Boulevard #269 Jacksonville, FL 32246 (904) 645-0440 or they may be sent to her in care of the Braille Development Section (BDS) at NLS: Braille Development Section National Library Service for the Blind and Physically Handicapped Washington, DC 20542 1-800-424-8567 (press 2 and then 7 when you hear the menu) If any questions arise during the course, you may call Mrs. Leibowitz directly or call BDS to arrange a conference call. Meetings National Braille Association (NBA) Twentieth National Conference, Omni Austin Hotel Southpark, Austin, Texas; Thursday, April 24-Saturday, April 26, 1997 Fall Regional Meeting and Workshops, Valley River Inn, Eugene, Oregon; Friday, November 7-Saturday, November 8, 1997 Spring Regional Meeting and Workshops, Holiday Inn Downtown, Louisville, Kentucky; Friday, April 24-Saturday, April 25, 1998 For information about these meetings, contact National Braille Association, Three Townline Circle, Rochester, NY 14623-2513; (716) 427-8260. California Transcribers and Educators of the Visually Handicapped (CTEVH) CTEVH XXXVIII Annual Conference, Cathedral Hill Hotel, San Francisco, California; Thursday, April 17-Saturday, April 19, 1997 For information, contact Mike Cole, 400 Adams Street, Albany, CA 94706; (510) 559-1101. Copyright law amendment requires reproduction notice on braille title pages The amendment to the copyright law passed in September 1996 provides for brailling books and magazines without first gaining copyright clearance (see article above) and requires a special notice on braille title pages. We have received many inquiries about what the new requirements for the title page are. The BANA codes, English Braille, American Edition 1994 and Code of Braille Textbook Formats and Techniques 1997, give guidelines on selecting, presenting, and formatting information for the title page. In literary braille (Rule III, Section 15.a), the following items are currently required to be on the title page: title, subtitle, author, publisher, copyright, number of volumes, volume number followed by inclusive braille pages in volume, transcriber's or braille publisher's name, and year of embossing. The agency or organization producing the braille determines the format (i.e., whether the information should be centered, what line the information goes on, etc.) and any additional items to be included on the title page. None of this has changed. The new copyright law amendment requires that a reproduction notice be placed on each title page in print and in braille. The easiest way to handle this is to produce two title pages, one in print and one in braille. Those who have print/braille capability need only produce one title page to meet the criteria. Suggested language for documents for which copyright permission has not been specifically requested is (the entire title page is not presented): Published by (publisher's name) (publisher's city, state) Copyright (Date) By (copyright holder's name) Further reproduction or distribution in other//than a specialized format is prohibited. (Additional information about the copyright amendment is contained in Facts: Copyright Law Amendment, 1996: PL 104-197 available from the NLS Reference Section or from our web site http://www.loc.gov/nls) Update is published quarterly by: National Library Service for the Blind and Physically Handicapped Library of Congress Washington, DC 20542 Correspondence should be addressed to Publications and Media Section. Coordinating editor: Freddie Peaco Publication editor: Jane Caulton Braille student-instructor dialog: John Wilkinson