Excerpt from: Disability Law (click for full article)
Making creative works accessible often involves transforming content from one medium to another—such as adapting the audio of a television show to closed captions to make it accessible to people who are deaf or hard of hearing. Copyright law ordinarily vests authors of creative works with the exclusive right to create adaptations, such as translations to foreign languages. But making works accessible to people with disabilities is arguably exempt from copyright law under the fair use doctrine and other laws like the Chafee Amendment to the Copyright Act. Congress, federal courts, the U.S. Copyright Office, and even the World Intellectual Property Organization have begun to recognize that it’s bad policy to block efforts to create accessible versions of copyrighted works.
Bypassing this DRM technology is often trivial from a technical perspective. But the DMCA makes it illegal—even if the person bypassing DRM is doing so for a noninfringing use like making it accessible to people with disabilities. If you want to get around the DMCA, there is no fair use; instead, you must petition the librarian of Congress for a special exemption to circumvent a class of works, such as e-books. The proceeding to consider exemption petitions, known as the “triennial review,” takes place only once every three years and requires petitioners to navigate a complex bureaucratic process, satisfy an incredibly high burden of proof, invest months of effort, and overcome opposition from copyright lobbying groups with nearly bottomless resources. It’s no wonder the vast majority of exemption petitions are denied.
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