Specifications

Legal Opinion M 02-22 19 August 2, 2002
Once permission has been obtained, a statement informing the users that permission has been
obtained from the copyright owner to modify and disseminate the material should be clearly
placed on the material. If there are limitations on its use and dissemination, a statement as to
these limitations should either be clearly placed on the materials, or it should be indicated from
whom permission must be obtained in order to use or disseminate the materials. It is
recommended that legal counsel for the district be consulted as to the appropriate language to be
used in such a statement.
The Alternate Media Exchange database hosted on the HTCTU website can be used to identify
colleges and third-party captioning providers that have the material in captioned format.
Colleges can request the time-coded transcripts from other colleges to expedite the on-site
captioning process; or colleges may purchase captioned versions from third-party captioning
providers at a significantly reduced rate.
Occasionally, copyright holders who do not currently provide closed-captioned versions of their
video have asked colleges to provide them with a "caption master" of the video in exchange for
permission to caption. Providing the copyright holder with a caption master is an appropriate use
of public funds since colleges are receiving value (permission to caption) for their dollars.
However, the district should enter into a contract with the copyright holder outlining the terms of
the agreement in order to have a binding legal agreement for its protection and to show that
providing the "caption master" did not constitute a gift of public funds.
Option 3
Request to Borrow Captioned Audiovisual Materials Through Inter-library Loan Program or
Free Loan of Captioned Material
Exchange of a captioned audiovisual work may be accomplished through an established "loan"
program. Most library and learning resource centers cooperate with other public library systems,
and have entered into inter-library loan program agreements. Consultation with the college
librarian would be useful to identify the procedures and process already in existence on your
campus.
There are two conditions that must be satisfied before using this approach:
• First, if the materials the college is seeking to borrow are accessible versions of materials
that have been purchased, leased or developed since June 21, 2001, with TTIP funds or
other funds received by grant or contract from the Chancellor's Office (or any other state
or federal agency), borrowing an accessible version will not be sufficient for compliance
with section 508 with regard to those materials. As stated above, for all materials
purchased after June 21, 2001, with the aforementioned funds, the college should have
purchased an accessible version whenever available in order to comply with section 508
requirements.
• Second, with regard to older materials purchased, leased or developed prior to June 21,
2001, or materials purchased with funds not covered by section 508, this approach would
be lawful, but only if a college has a mechanism in place to insure that borrowing could
be accomplished reliably, in a timely manner, so that a student with a disability would
have equal access to the materials (i.e. that the materials would be accessible to disabled
M 02-22