Copyright! My favorite! It is the most commonly relied upon, and least understood, intellectual property right that we have in the US. Everyone thinks that copyright law defends any and all uses of digital media, and that once you buy something (or, heck, rip it online), it's yours.
(Sidebar: NO! It's not! You cannot "borrow" music files from ZenMaster201! You cannot rip your own ringtones! Fair use is a BAD defense!!!)
Ok, let's back up, now that I've gotten that out of my system. For our purposes, here's a very brief summary of copyright law: The author of a original work is entitled to the copyright rights for that work - the right to reproduce, modify, create derivative works, distribute, and publicly perform the work. These rights arise from the creation of the work (you don't necessarily have to register the work, or file it, like you would for a patent or federal trademark). No one can modify your work without a license from you, unless they have a defense. "Fair use" is such a defense - this is essentially the right to quote an article, or to parody a song, or to make scholarly comment on a book. It helps your case if you're not commercially profiting from your use of the copyrighted work, and if your use of the work is small in comparison to the work as a whole.
Thoughts on Assistive Technology, Special Education, Disability, and the legal aspects thereof - inspired by my daughter
Showing posts with label Accessibility. Show all posts
Showing posts with label Accessibility. Show all posts
Tuesday, June 28, 2011
Thursday, June 2, 2011
Accessibility of Digital Educational Materials
So, in case you didn't know, the U.S. Department of Education has a Office for Civil Rights (OCR) that's responsible for, among other things, enforcing the ADA (as it applies to public schools) and the IDEA (the special education law).
Last week, the OCR issued some policy guidance on the matter of digital educational materials. They first tackled this issue in June 2010, when the OCR issued what they call a "Dear Colleague Letter" (a "DCL", and no, I have no idea where they came up with that naming system) on the issue of postsecondary institutions using e-books. Last week's DCL basically updated the June 2010 policy guidance and clarified that the same principles apply to elementary and secondary schools.
What's the concern? Well, with the increase in use of e-books - and technology in the classroom more generally - the OCR is reminding schools at all levels that they "must ensure equal access to the educational benefits and opportunities afforded by the technology and equal treatment in the use of the technology for all students, including students with disabilities". If teachers are using an online software program to track homework assignments, or assigning reading in e-books in lieu of paper textbooks, then these technologies need to accessible to all students, even those who may have learning disabilities, vision impairments, or anything else. It really shouldn't be surprising - this is basic non-discrimination under the ADA, and isn't new law.
Last week, the OCR issued some policy guidance on the matter of digital educational materials. They first tackled this issue in June 2010, when the OCR issued what they call a "Dear Colleague Letter" (a "DCL", and no, I have no idea where they came up with that naming system) on the issue of postsecondary institutions using e-books. Last week's DCL basically updated the June 2010 policy guidance and clarified that the same principles apply to elementary and secondary schools.
What's the concern? Well, with the increase in use of e-books - and technology in the classroom more generally - the OCR is reminding schools at all levels that they "must ensure equal access to the educational benefits and opportunities afforded by the technology and equal treatment in the use of the technology for all students, including students with disabilities". If teachers are using an online software program to track homework assignments, or assigning reading in e-books in lieu of paper textbooks, then these technologies need to accessible to all students, even those who may have learning disabilities, vision impairments, or anything else. It really shouldn't be surprising - this is basic non-discrimination under the ADA, and isn't new law.
Monday, May 23, 2011
FCC Comment filed!
I mentioned awhile ago that, in connection with the passage of the 21st Century Communications and Video Accessibility Act, the FCC was seeking public comment to the development of its regulations. (Brief intro here: Increasing 911 Accessibility). Well, I did decide to file a comment, and I snuck it in under the wire - the deadline was today!
I've posted a copy of my comment to Google docs, and it's available if you want to read it there. If you'd like to see your federal government in action, however, you can embark upon a search through the FCC site and try to find out where filed comments can be read. (Want a hint? Look for the electronic comment filing system).
In case you don't have that much time to read a 14 page document, I've excerpted my executive summary, intro, and conclusions here (tell 'em what you're going to say, say it, and tell 'em what you've said!) But note that you don't read the full thing, you won't get to read my Roomba reference!
I've posted a copy of my comment to Google docs, and it's available if you want to read it there. If you'd like to see your federal government in action, however, you can embark upon a search through the FCC site and try to find out where filed comments can be read. (Want a hint? Look for the electronic comment filing system).
In case you don't have that much time to read a 14 page document, I've excerpted my executive summary, intro, and conclusions here (tell 'em what you're going to say, say it, and tell 'em what you've said!) But note that you don't read the full thing, you won't get to read my Roomba reference!
Tuesday, March 1, 2011
Cloud Computing and Disabilities, Part Two
As promised (threatened?!), here are the next few thoughts on the Coleman Institute/Silicon Flatirons conference I attended last fall. Today I'll cover some of the perspectives offered by Michael Wehmeyer, a professor of special education at Kansas University, about cognitive accessibility.
Prof. Wehmeyer provided a brief history of the concept of "disability". Originally, disability was understood as a medical/health problem - a problem within the individual person. That person is viewed as "broken" or aberrant, as outside the norm and therefore requiring intervention. This model casts a negative light on people with disabilities and in fact contributed to the infantilization of people with cognitive disabilities ("You are not "smart" like me; there is something wrong with you; I am going to tell you how you're going to live your life").
Prof. Wehmeyer provided a brief history of the concept of "disability". Originally, disability was understood as a medical/health problem - a problem within the individual person. That person is viewed as "broken" or aberrant, as outside the norm and therefore requiring intervention. This model casts a negative light on people with disabilities and in fact contributed to the infantilization of people with cognitive disabilities ("You are not "smart" like me; there is something wrong with you; I am going to tell you how you're going to live your life").
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