Instructional material is defined in this policy as “textbooks and other resource materials written and published primarily for use by students in postsecondary instruction that are required or essential to a student’s success in a course of study in which a student with a disability is enrolled” (AB422).
Alternative instructional material formats are defined in this policy as those print materials that are reformated in a specialized format (e-text, large print, audio, or Braille) that is exclusively for use by people with disabilities (e.g., blind, low vision, mobility, dexterity, and / or cognitive limitations) (AB422).
Printed instructional materials are instructional materials in book or other printed formats (e.g., PDF, Power Point slides, syllabus, hand-outs) that are required or essential to a student's success in a course of study in which a student with a disability is enrolled (AB422).
Non-printed instructional materials are those materials in formats other than print, such as software programs, video disks, video tapes, and audio tapes (AB422) and would also include video DVD's and audio recordings.
An electronic file (E-text) is copyrighted and may not be reproduced or distributed in a format other than a specialized format exclusively reproduced for use by students with a documented disability that prohibits the person's use of instructional materials in standard print formats. Any reproduction or distribution in a format other than a specialized format is an infringement of the copyright law. Misuse of the specialized format will result in disciplinary action by the University Judicial Officer.
Eligibility for alternative instructional material is based on the professional documentation provided by the student that verifies the student has a print disability limitation which inhibits the functional use of standard instructional materials in a print format.
The CSU Long Beach Disabled Student Services’ (DSS) Alternative Instructional Materials Project incorporates only those policies and procedures which Copyright Law of the United States, California Law AB 422, and California Educational Code Section 67302 clearly intends the Project to operate within both the spirit and letter of the law blended with the criteria for Fair Use.
Faculty members have the responsibility of knowing the law on copyright.
The Copyright Law of the United States (Title 17, United States Code) governs the making of photocopies or other reproduction of copyrighted materials. Title 17 USC Section 107 establishes the principle, commonly called "Fair Use," that the reproduction of copyrighted works for certain limited, educational purposes does not constitute copyright infringement.
Four factors are considered in the determination of Fair Use.
Questions regarding alternative instructional material format should be addressed directly to Sonia Acosta, High Tech Center Alternative Media Specialist at (562) 985-5605, or Velma Martin, H T C Coordinator, at (562) 985-8712, in L A 5-173.
