Making Works Reachable: Accessibility Exceptions, Assistive Technology, and the Formats Nobody Licenses
By Casey Scott McKay ·
Accessibility is the strongest position in copyright and almost nobody treats it that way, which is why organisations buy converted files they are entitled to make and hold back programmes that carry less risk than anything else they publish. This article works section 121 and its authorised entity and eligible person definitions, the Marrakesh implementation in section 121A, and the independent fair use holding that gives the same activity a second basis. It then explains the genuine obstacles, which are not copyright: technical protection measures that require a separate circumvention analysis, contractual terms that purport to prohibit conversion, publisher assertions about text-to-speech, and procurement that buys inaccessible products and then funds remediation. It closes on born-accessible publishing and what the exceptions cannot fix.
IP and Technology > Copyright | Article | Published 25 January 2024 - Updated 3 December 2025 | Casey Scott McKay - marksy.us
Summary. Accessibility is the strongest position in copyright and almost nobody treats it that way, which is why organisations buy converted files they are entitled to make and hold back programmes that carry less risk than anything else they publish. This article works section 121 and its authorised entity and eligible person definitions, the Marrakesh implementation in section 121A, and the independent fair use holding that gives the same activity a second basis. It then explains the genuine obstacles, which are not copyright: technical protection measures that require a separate circumvention analysis, contractual terms that purport to prohibit conversion, publisher assertions about text-to-speech, and procurement that buys inaccessible products and then funds remediation. It closes on born-accessible publishing and what the exceptions cannot fix.
Keywords: accessibility exceptions · Chafee Amendment · section 121 · authorised entity · eligible person · print disability · Marrakesh Treaty · section 121A · cross border exchange · accessible formats · assistive technology · screen readers · technological protection measures · section 1201 · triennial rulemaking · text to speech · audiobook rights · born accessible publishing · procurement standards · disability discrimination law
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