Addendum
October 2025
The Code of Best Practices in Fair Use for Academic and Research
Libraries includes a principle of “reproducing material for use by
disabled students, faculty, staff, and other appropriate users.” This
addendum clarifies ambiguities referenced in the Code, now
resolved by case law and statute.
The United States Court of Appeals for the Second Circuit
clarified the role of academic libraries in providing accessible
materials.
From the Code: “Some stakeholders insist, however unreasonably,
that Section 121 does not cover academic libraries’ efforts to
provide accessible materials to print-disabled members of a college
or university community.”
Addendum: Authors Guild v. HathiTrust (2014) confirmed that
authorized entities can make copies for print-disabled users under
Sections 107 (fair use) and 121: “The ADA requires that libraries of
educational institutions have a primary mission to reproduce and
distribute their collections to print-disabled individuals, making
each library a potential ‘authorized entity’ under the Chafee
Amendment.” The Second Circuit Court held “the doctrine of fair
use allows the Libraries to provide full digital access to
copyrighted works to their print disabled patrons.”
Marrakesh Treaty Implementation Act (MTIA) expanded the
scope of the Chafee Amendment.
From the Code: “Although Section 121 of the Copyright Act
authorizes the reproduction of copyrighted materials to meet these
needs under some circumstances, there is continued controversy
over its exact scope.”
Addendum: The 2018 Marrakesh Treaty Implementation Act
(MTIA) expanded Section 121 coverage from ‘blind or other
persons with disabilities” to “eligible persons”–defined as a person
with any disability that affects vision or the ability to read text in a
30
October 2025
The Code of Best Practices in Fair Use for Academic and Research
Libraries includes a principle of “reproducing material for use by
disabled students, faculty, staff, and other appropriate users.” This
addendum clarifies ambiguities referenced in the Code, now
resolved by case law and statute.
The United States Court of Appeals for the Second Circuit
clarified the role of academic libraries in providing accessible
materials.
From the Code: “Some stakeholders insist, however unreasonably,
that Section 121 does not cover academic libraries’ efforts to
provide accessible materials to print-disabled members of a college
or university community.”
Addendum: Authors Guild v. HathiTrust (2014) confirmed that
authorized entities can make copies for print-disabled users under
Sections 107 (fair use) and 121: “The ADA requires that libraries of
educational institutions have a primary mission to reproduce and
distribute their collections to print-disabled individuals, making
each library a potential ‘authorized entity’ under the Chafee
Amendment.” The Second Circuit Court held “the doctrine of fair
use allows the Libraries to provide full digital access to
copyrighted works to their print disabled patrons.”
Marrakesh Treaty Implementation Act (MTIA) expanded the
scope of the Chafee Amendment.
From the Code: “Although Section 121 of the Copyright Act
authorizes the reproduction of copyrighted materials to meet these
needs under some circumstances, there is continued controversy
over its exact scope.”
Addendum: The 2018 Marrakesh Treaty Implementation Act
(MTIA) expanded Section 121 coverage from ‘blind or other
persons with disabilities” to “eligible persons”–defined as a person
with any disability that affects vision or the ability to read text in a
30
