1 00:00:00,000 --> 00:03:03,000 Live captioning by Ai-Media 2 00:03:03,000 --> 00:03:49,000 TRESHANI 3 00:03:49,000 --> 00:06:06,000 PERERA: Welcome everybody! 4 00:06:06,000 --> 00:06:08,600 We are going to get started here in just a minute or two. 5 00:14:35,028 --> 00:14:37,428 Thank you all for being here. 6 00:14:52,860 --> 00:14:55,860 Welcome everyone, it is great to have you here! 7 00:14:55,860 --> 00:14:58,860 We are going to start at one after. 8 00:14:58,860 --> 00:15:01,860 We have got a lot of content. 9 00:15:01,860 --> 00:15:04,460 So we will give one minute before I hand over to our panelists. 10 00:15:32,991 --> 00:15:33,491 Alright. 11 00:15:33,491 --> 00:15:34,491 I have 101. 12 00:15:34,491 --> 00:15:36,491 So we are going to get started. 13 00:15:36,491 --> 00:15:42,491 I am going to introduce our chair of the BTAA group. 14 00:15:42,491 --> 00:15:44,491 Frank, take it away! 15 00:15:51,012 --> 00:15:52,012 -- 16 00:15:52,012 --> 00:15:53,012 FRANK 17 00:15:53,012 --> 00:16:00,012 SWEIS: Good afternoon, thank you for joining us! 18 00:16:00,012 --> 00:16:04,012 So we are going to go straight into a content in just a moment but 19 00:16:04,012 --> 00:16:07,012 before we do that I just want to go over a quick introduction of our 20 00:16:07,012 --> 00:16:08,812 speakers and a few other notes about today's webinar. 21 00:16:08,812 --> 00:16:13,812 So as was Richard, I am Frank Sweis, I am becoming chair of the Big Ten 22 00:16:13,812 --> 00:16:20,812 academic Alliance library accessibility group and also the 23 00:16:20,812 --> 00:16:22,812 User Experience Librarian of Northwestern University libraries. 24 00:16:22,812 --> 00:16:25,812 With me today is Amy Drayer, the University interface developer at 25 00:16:25,812 --> 00:16:32,812 Minnesota university libraries, Binky Lush, Library strategic 26 00:16:32,812 --> 00:16:36,812 technologist at Penn State University Libraries, Heidi 27 00:16:36,812 --> 00:16:39,812 Schroeder, accessibility coordinator of Michigan State 28 00:16:39,812 --> 00:16:48,812 University Libraries, and Nancy Sims, Director of Copyright and 29 00:16:48,812 --> 00:16:51,012 Scholarly Communication. 30 00:16:54,976 --> 00:16:58,976 The have now been a couple of webinars for us and other library 31 00:16:58,976 --> 00:17:01,576 groups going over these changes the we are going to quickly go over 32 00:17:01,576 --> 00:17:03,176 these a talk about the context for these. 33 00:17:03,176 --> 00:17:10,176 So we will then frame the new ADA those in the library, and go of 34 00:17:10,176 --> 00:17:10,676 exceptions. 35 00:17:10,676 --> 00:17:14,676 What may or may not be an exception. 36 00:17:14,676 --> 00:17:16,876 I will take on copyright, as well as some recommendations and 37 00:17:16,876 --> 00:17:23,876 resources that we want to make available to everyone, to leave 38 00:17:23,876 --> 00:17:25,876 this webinar way. 39 00:17:25,876 --> 00:17:31,876 And then will have a question and discussion session. 40 00:17:31,876 --> 00:17:34,676 Just as a note, this session is being recorded so we will make that 41 00:17:34,676 --> 00:17:35,476 available after this webinar. 42 00:17:35,476 --> 00:17:38,076 But we will stop the recording after we get to the questions and 43 00:17:38,076 --> 00:17:40,076 discussions portion of the webinar. 44 00:17:41,343 --> 00:17:43,343 Lastly, just a quick disclaimer. 45 00:17:43,343 --> 00:17:45,543 Most speakers are not attorneys and none can give legal advice. 46 00:17:45,543 --> 00:17:47,943 Opinions are their own and are not reflective of their employers are 47 00:17:47,943 --> 00:17:50,743 the BTAA. 48 00:17:50,743 --> 00:17:53,543 The with that, we are going to go ahead and get started on our 49 00:17:53,543 --> 00:17:54,043 presentation. 50 00:17:54,043 --> 00:17:55,043 The ADA Title II changes. 51 00:17:55,043 --> 00:17:57,043 Let's do a quick review. 52 00:17:57,043 --> 00:17:58,243 The first is the language itself. 53 00:17:58,243 --> 00:18:00,243 These are the requires men's as outlined in the ADA. 54 00:18:02,996 --> 00:18:05,996 We do have a direct link we can give you. 55 00:18:05,996 --> 00:18:08,996 All web content and mobile applications a public entity 56 00:18:08,996 --> 00:18:13,996 provides must comply with WCAG 2.1 data. 57 00:18:13,996 --> 00:18:27,996 This is anything collective privately offer of agencies. 58 00:18:27,996 --> 00:18:33,996 Self entities of more than 50,000 compliance will begin on April 24, 59 00:18:33,996 --> 00:18:36,996 2026, and of entities of population of less than 50,000 complaints 60 00:18:36,996 --> 00:18:37,996 begins on April 26, 2027. 61 00:18:37,996 --> 00:18:40,196 In this the public entity can demonstrate the compliance with the 62 00:18:40,196 --> 00:18:41,996 requirements will result in a fundamental alteration in the 63 00:18:41,996 --> 00:18:47,996 nature of the service program, or activity, or an undue financial or 64 00:18:47,996 --> 00:18:48,996 administrative burden. 65 00:18:48,996 --> 00:18:51,196 And we will have more than that later in the webinar. 66 00:18:51,196 --> 00:18:52,196 So why these new balls? 67 00:18:52,196 --> 00:18:54,196 Will the general federal agencies have consistently notes the public 68 00:18:54,196 --> 00:18:55,796 university websites and digital tools must be accessible. 69 00:18:57,560 --> 00:18:59,560 Universities have become increasingly reliant on technology 70 00:18:59,560 --> 00:19:01,160 for learning, working and transactions such as reserving 71 00:19:01,160 --> 00:19:03,760 books and paying for parking. 72 00:19:10,823 --> 00:19:12,823 Technology offers benefits of ease-of-use and privacy. 73 00:19:12,823 --> 00:19:15,023 This law ensures the same benefits are available to those with 74 00:19:15,023 --> 00:19:15,523 disabilities. 75 00:19:15,523 --> 00:19:17,723 Whether it is accessing the same information, engaging in the same 76 00:19:17,723 --> 00:19:19,723 interactions are conducting the same transactions that technology 77 00:19:19,723 --> 00:19:20,723 of post-nondisabled individuals. 78 00:19:20,723 --> 00:19:26,723 And so what is this impact? 79 00:19:26,723 --> 00:19:39,723 In a nutshell, technology must be readily accessible to and usable by 80 00:19:39,723 --> 00:19:40,223 individuals disabilities. 81 00:19:40,223 --> 00:19:42,223 General universities may no longer rely on alternate versions are 82 00:19:42,223 --> 00:19:43,823 overworked events to address barriers created by inaccessible 83 00:19:43,823 --> 00:19:44,323 technology. 84 00:19:44,323 --> 00:19:46,323 And since anybody can create digital content such as tectonic 85 00:19:46,323 --> 00:19:50,323 documents, universities will need a cross campus effort to comply. 86 00:19:50,323 --> 00:19:54,323 This will include staff training, resources to identify which tool 87 00:19:54,323 --> 00:19:56,323 systems or websites currently do not comply with these requirements, 88 00:19:56,323 --> 00:20:04,323 and what the barriers are and what will need to be remediated. 89 00:20:04,323 --> 00:20:06,323 Lastly, ongoing beta beds as digital tools for this technology 90 00:20:06,323 --> 00:20:07,323 continue to evolve. 91 00:20:07,323 --> 00:20:10,323 I would like to hand it over to a metre talk about framing diesels in 92 00:20:10,323 --> 00:20:10,923 the likely context. 93 00:20:10,923 --> 00:20:11,423 AMY 94 00:20:11,423 --> 00:20:12,823 AMY DRAYER: Thank you so much Frank. 95 00:20:13,125 --> 00:20:14,125 This is a me. 96 00:20:14,125 --> 00:20:16,725 We will take a quick moment to frame the ATA in the library 97 00:20:16,725 --> 00:20:17,225 context. 98 00:20:20,547 --> 00:20:28,547 So briefly, the WCAG are a set of criteria for how to minimally make 99 00:20:28,547 --> 00:20:30,147 the web more accessible to people with disabilities. 100 00:20:34,869 --> 00:20:42,869 The new federal regulation revision specifically identifies WCAG 2.1 101 00:20:42,869 --> 00:20:46,869 which came out in 2018. 102 00:20:46,869 --> 00:20:54,869 This is the minimum anybody should be aiming for. 103 00:20:54,869 --> 00:20:57,069 The revision also states it must be usable; which compliance does 104 00:20:57,069 --> 00:20:57,569 not guarantee. 105 00:20:57,569 --> 00:21:02,569 You might want to also reset wet figure state has requirements, and 106 00:21:02,569 --> 00:21:05,569 if so, if they apply to your institution. 107 00:21:05,569 --> 00:21:06,569 Check your local institutions policies. 108 00:21:06,569 --> 00:21:10,569 When the federal regulation a set WCAG 2.1, just state or local 109 00:21:10,569 --> 00:21:16,569 institution may have a harder standard that you must meet such as 110 00:21:16,569 --> 00:21:17,369 WCAG 2.2. 111 00:21:23,499 --> 00:21:28,499 If your state is set to a lot was standard, such as WCAG 2.1, you 112 00:21:28,499 --> 00:21:30,499 will need to meet the federal baseline of version 2.1. 113 00:21:30,861 --> 00:21:38,861 We will now identify four types of library content and ways to meet 114 00:21:38,861 --> 00:21:39,861 digital accessibility. 115 00:21:39,861 --> 00:21:41,861 The first type of content is a vendor or subscription-based 116 00:21:41,861 --> 00:21:42,361 content. 117 00:21:46,500 --> 00:21:54,500 This includes databases, citation managers, mobile applications and 118 00:21:54,500 --> 00:21:56,500 other software. 119 00:21:56,500 --> 00:21:57,700 And platform such as for publishing. 120 00:21:57,700 --> 00:22:00,700 Because we do not directly on discounted, the types of skills we 121 00:22:00,700 --> 00:22:05,700 need here are negotiation, communication, testing and auditing, 122 00:22:05,700 --> 00:22:07,700 and advocacy. 123 00:22:20,445 --> 00:22:24,445 The second type is content for public consumption that we control 124 00:22:24,445 --> 00:22:25,445 or stupid. 125 00:22:25,445 --> 00:22:27,045 This type includes digitized archival content, repositories we 126 00:22:27,045 --> 00:22:28,845 host and have authors submit content into, and structural 127 00:22:28,845 --> 00:22:30,445 content such as tutorials and guides and websites. 128 00:22:33,880 --> 00:22:36,880 Folks need to know the core accessibility skills and how to 129 00:22:36,880 --> 00:22:37,880 apply them to content. 130 00:22:37,880 --> 00:22:42,880 But also additional accessibility formats including PDF, so that they 131 00:22:42,880 --> 00:22:44,880 may review the files and know what to look for. 132 00:22:48,586 --> 00:22:51,586 For those who work more closely with the interface, they need to 133 00:22:51,586 --> 00:22:53,786 know WCAG and how to properly implement and test for it. 134 00:23:01,228 --> 00:23:04,228 Because this does require remediation of old and new content, 135 00:23:04,228 --> 00:23:05,628 and developing policies and workflows, project management 136 00:23:05,628 --> 00:23:07,628 skills are necessary. 137 00:23:07,628 --> 00:23:10,028 The first type is virtual services. 138 00:23:10,620 --> 00:23:13,620 This is a separate category because library employees often 139 00:23:13,620 --> 00:23:18,620 have a more involved job than the first type. 140 00:23:18,620 --> 00:23:23,620 This would include services such as online chat, virtual reference 141 00:23:23,620 --> 00:23:24,620 consultations, and digital interlibrary loans. 142 00:23:31,136 --> 00:23:34,136 For skills, we need content and document accessibility for multiple 143 00:23:34,136 --> 00:23:35,336 formats, and using accessible communication techniques. 144 00:23:37,209 --> 00:23:38,609 And the fourth type is internal content. 145 00:23:41,122 --> 00:23:43,322 Just as our patrons may be disabled, so too can employees. 146 00:23:48,477 --> 00:23:52,477 But this does extend to patrons as well, as it covers workflows, 147 00:23:52,477 --> 00:23:53,477 prostheses and documents. 148 00:23:53,477 --> 00:24:02,477 Often workflows, processes and document directly and indirectly 149 00:24:02,477 --> 00:24:04,477 impact everyone. 150 00:24:04,477 --> 00:24:07,477 It is again about document accessibility, making sure we are 151 00:24:07,477 --> 00:24:09,477 using captioning and inclusive meeting practices, and of acquiring 152 00:24:09,477 --> 00:24:11,877 digital accessibility training. 153 00:24:14,048 --> 00:24:17,048 Wherever title II applies to your internal content according to your 154 00:24:17,048 --> 00:24:18,448 institution's interpretation, ADA Title I one does. 155 00:24:26,679 --> 00:24:28,279 (indiscernible) so either way, it should be considered. 156 00:24:43,758 --> 00:24:47,758 Next we will go over the exceptions in the regulation from a library 157 00:24:47,758 --> 00:24:48,258 perspective. 158 00:24:48,258 --> 00:24:49,858 The exceptions are for archived web content; pre-existing 159 00:24:49,858 --> 00:24:52,858 conventional editorial documents; content posted by a third-party; 160 00:24:52,858 --> 00:24:54,858 individually password-protected or otherwise secured conventional 161 00:24:54,858 --> 00:24:56,258 electronic document; and pre-existing social media posts. 162 00:24:58,881 --> 00:25:06,881 Pre-existing means anything created before the compliance dates 163 00:25:06,881 --> 00:25:11,881 such as April 24, 2026. 164 00:25:11,881 --> 00:25:15,881 I am seeing a raised hand, could anybody help that person? 165 00:25:15,881 --> 00:25:17,681 The fundamental cultivation and undue burden alterations we will 166 00:25:17,681 --> 00:25:20,281 also discuss which apply. 167 00:25:29,332 --> 00:25:33,332 In the next few slides, we will describe these exceptions and 168 00:25:33,332 --> 00:25:35,132 provide library examples that you may qualify as exceptions. 169 00:25:35,132 --> 00:25:36,332 And some which probably do not. 170 00:25:36,332 --> 00:25:39,132 Again, these opinions are our own and it is really up to your library 171 00:25:39,132 --> 00:25:41,332 or institution to work with your ADA coordinator and attorneys to 172 00:25:41,332 --> 00:25:42,932 determine -- this regulation. 173 00:25:50,660 --> 00:25:54,660 And even if you meet these requirements you will still need to 174 00:25:54,660 --> 00:25:56,660 accommodate individual requests and if faced with a complaint or 175 00:25:56,660 --> 00:26:01,660 lawsuit you will have to prove that you meet requirements. 176 00:26:01,660 --> 00:26:05,660 If you do not have a plan to remediate or provide accessible 177 00:26:05,660 --> 00:26:07,660 versions of documents, implementing something before the compliance 178 00:26:07,660 --> 00:26:09,260 deadline is highly recommended. 179 00:26:09,504 --> 00:26:12,504 So we therefore would not recommend not doing anything for 180 00:26:12,504 --> 00:26:13,704 something which may qualify for exceptions. 181 00:26:16,294 --> 00:26:17,494 Make accessibility improvements where you can. 182 00:26:28,708 --> 00:26:32,708 So, before I get into this, you will notice that chat is turned 183 00:26:32,708 --> 00:26:33,208 off. 184 00:26:33,208 --> 00:26:35,408 If you do have questions please add them to the Q&A. 185 00:26:35,408 --> 00:26:38,008 And we will try to address them at the end of the presentation. 186 00:26:38,008 --> 00:26:38,808 Thank you. 187 00:26:38,808 --> 00:26:43,808 So the first exception is the archived web content. 188 00:26:43,808 --> 00:26:46,808 Archived web content includes web content and reproductions of paper 189 00:26:46,808 --> 00:26:49,808 documents or other physical media. 190 00:26:49,808 --> 00:26:54,808 To meet the exception, you must meet all of the following four. 191 00:26:54,808 --> 00:26:59,808 Having been created prior to the compliance date of the original 192 00:26:59,808 --> 00:27:02,208 document. 193 00:27:11,984 --> 00:27:13,984 Retained exclusively for veterans of record keeping. 194 00:27:13,984 --> 00:27:16,184 Have not been updated or altered after the date of archiving. 195 00:27:16,184 --> 00:27:17,584 And clearly be identified as being archived. 196 00:27:19,392 --> 00:27:23,392 What does the DOJ mean by archived and investments, research and 197 00:27:23,392 --> 00:27:23,892 recordkeeping? 198 00:27:26,394 --> 00:27:29,394 The revision uses the word archived web content, which is 199 00:27:29,394 --> 00:27:30,394 different than digitized archival content. 200 00:27:32,838 --> 00:27:34,438 Hopefully that distinction helps. 201 00:27:36,453 --> 00:27:38,253 We received a few questions in advance about this. 202 00:27:44,815 --> 00:27:48,815 I would love to hear conversation about what constitutes an archive 203 00:27:48,815 --> 00:27:51,215 from the legal perspective, and how it differs from a library against 204 00:27:51,215 --> 00:27:54,215 definition of archive. 205 00:27:54,215 --> 00:27:55,415 Was some examples. 206 00:28:05,360 --> 00:28:08,360 I am curious to learn about the ways that different people are 207 00:28:08,360 --> 00:28:11,160 seeing this new law and if we need to do anything to legacy digitized 208 00:28:11,160 --> 00:28:11,660 content. 209 00:28:11,660 --> 00:28:13,860 And if the original content was created before the date of 210 00:28:13,860 --> 00:28:14,660 compliance, is it exempt? 211 00:28:14,660 --> 00:28:16,860 And is the exemption if the process of scanning or digitization 212 00:28:16,860 --> 00:28:17,860 does not alter the content? 213 00:28:17,860 --> 00:28:18,660 Excuse me. 214 00:28:18,660 --> 00:28:20,660 My response to these questions, after attending many sessions, is 215 00:28:20,660 --> 00:28:22,660 that it depends on context. 216 00:28:22,660 --> 00:28:28,660 No one knows how this impacts our digital archives, including the 217 00:28:28,660 --> 00:28:31,460 department of justice. 218 00:28:34,304 --> 00:28:38,304 So, your institution is going to need to decide what it means to 219 00:28:38,304 --> 00:28:40,304 them, and hope that it holds up in a cart. 220 00:28:41,168 --> 00:28:52,168 That said, the federalregulations.gov has a 221 00:28:52,168 --> 00:28:56,168 lengthy example. 222 00:28:56,168 --> 00:29:11,168 Wherever archived content is retained for record-keeping and 223 00:29:11,168 --> 00:29:21,168 (indiscernible) is for specific cases. 224 00:29:21,168 --> 00:29:29,168 They may have both archived and none archived content related to a 225 00:29:29,168 --> 00:29:30,168 city park. 226 00:29:30,168 --> 00:29:33,168 If the library's collection included a comment map of the park 227 00:29:33,168 --> 00:29:37,168 that was created by the city, that map would not be retained 228 00:29:37,168 --> 00:29:38,168 exclusively for record-keeping or reference. 229 00:29:38,168 --> 00:29:40,768 As it is a covered part of the city's program of maintaining and 230 00:29:40,768 --> 00:29:41,368 providing a park. 231 00:29:41,368 --> 00:29:43,768 Furthermore, if the map was newly created after the date of the 232 00:29:43,768 --> 00:29:45,968 public entity was required to comply, and it does not direct 233 00:29:45,968 --> 00:29:47,968 produce paper documents of the contents of a physical media 234 00:29:47,968 --> 00:29:51,968 created before the date the public entity was required to comply, the 235 00:29:51,968 --> 00:29:55,968 matter… Hold on… I need to catch my breath and access the map would 236 00:29:55,968 --> 00:29:58,368 likely not meet the first part of the definition of archived web 237 00:29:58,368 --> 00:30:00,968 content. 238 00:30:06,232 --> 00:30:10,232 In addition, the library may decide to curate and host an exhibition on 239 00:30:10,232 --> 00:30:11,832 its website about the history of the park. 240 00:30:11,832 --> 00:30:13,832 Which he refers to and underlies this historic web content, 241 00:30:13,832 --> 00:30:17,832 pertaining to the park that otherwise meets the definition of 242 00:30:17,832 --> 00:30:18,832 archived web content. 243 00:30:18,832 --> 00:30:21,032 All content used to deliver the online exhibition likely would not 244 00:30:21,032 --> 00:30:26,032 be used exclusively for reference, research or record-keeping, as the 245 00:30:26,032 --> 00:30:29,032 library is using the materials to create and provide a new 246 00:30:29,032 --> 00:30:30,632 educational program for the members of the public. 247 00:30:38,236 --> 00:30:41,236 The Department believes the exception, including the definition 248 00:30:41,236 --> 00:30:43,236 of archived web content, provides a workable framework for determining 249 00:30:43,236 --> 00:30:45,236 wherever all types of public entities probably designate work 250 00:30:45,236 --> 00:30:46,436 content as archived. 251 00:30:52,218 --> 00:30:58,218 To me as of things and use such as courses or exhibits, still under an 252 00:30:58,218 --> 00:31:01,218 exception because it is packaged into something new. 253 00:31:01,218 --> 00:31:06,218 So prioritize the content you know isn't an exception, and work from 254 00:31:06,218 --> 00:31:08,818 there. 255 00:31:08,818 --> 00:31:11,818 They also use a research library in the examples, so maybe the research 256 00:31:11,818 --> 00:31:12,818 language extends to research institutions. 257 00:31:15,294 --> 00:31:19,294 Further, remember the content must be in a separate place, 258 00:31:19,294 --> 00:31:20,894 specifically designated as archived. 259 00:31:23,300 --> 00:31:27,300 And that archived designated space, if a digitized items original date 260 00:31:27,300 --> 00:31:32,300 is before April 2026 or seven, and is not in use or otherwise modified, 261 00:31:32,300 --> 00:31:34,700 it could fall in this exception. 262 00:31:35,480 --> 00:31:40,480 So if it is the year 2028, and you are scanning in documents from 2010, 263 00:31:40,480 --> 00:31:42,880 they may fall in this exception because the original date is 2010. 264 00:31:44,829 --> 00:31:46,829 You will want a remediation plan as previously mentioned though. 265 00:31:50,325 --> 00:31:54,325 Our recommendation is to contact your ADA Coordinator or General 266 00:31:54,325 --> 00:31:58,325 Counsel to get their interpretation of whether what your library 267 00:31:58,325 --> 00:32:00,325 considers to be archival content is included in this exception. 268 00:32:02,091 --> 00:32:07,091 It is your institution that is taking on the risk of that 269 00:32:07,091 --> 00:32:09,691 interpretation. 270 00:32:09,691 --> 00:32:12,091 As these are new rules and exceptions, it will take time to 271 00:32:12,091 --> 00:32:13,691 define them and see how things play out. 272 00:32:13,691 --> 00:32:18,691 With that, I will hand it over to Heidi now to discuss the next 273 00:32:18,691 --> 00:32:21,691 exception. 274 00:32:21,691 --> 00:32:22,191 HEIDI 275 00:32:22,191 --> 00:32:22,991 HEIDI SCHROEDER: Thanks Amy. 276 00:32:22,991 --> 00:32:25,991 The next exception is pre-existing conventional electronic documents, 277 00:32:25,991 --> 00:32:29,991 which are defined as web content or content in mobile apps that is in 278 00:32:29,991 --> 00:32:32,991 the following electronic file formats: 279 00:32:32,991 --> 00:32:36,991 Portable document format, 20-F, wordprocessor files, presentation 280 00:32:36,991 --> 00:32:39,191 files and spreadsheets files. 281 00:32:39,191 --> 00:32:42,191 To meet this exception must have been created prior to the complaint 282 00:32:42,191 --> 00:32:46,191 states, and not be currently used to apply to, gain access to, or 283 00:32:46,191 --> 00:32:47,791 participate in the entities programs, services or activities. 284 00:32:49,780 --> 00:32:53,780 As with the archived web content exception, even if something 285 00:32:53,780 --> 00:32:56,780 qualifies for this exception, your institution is to get it to 286 00:32:56,780 --> 00:32:59,780 accommodate individual request for accessible versions of pre-existing 287 00:32:59,780 --> 00:33:00,980 conventional electronic documents. 288 00:33:02,672 --> 00:33:06,672 Here are a few library examples of pre-existing commercial electronic 289 00:33:06,672 --> 00:33:08,072 documents in the context of this exception. 290 00:33:10,163 --> 00:33:13,163 Scanned PDF from a library's digital repository linked the 291 00:33:13,163 --> 00:33:14,963 course page in a Learning Management System would not 292 00:33:14,963 --> 00:33:15,463 qualify. 293 00:33:15,463 --> 00:33:18,463 The DOJ has made it very clear that for higher education, 294 00:33:18,463 --> 00:33:20,463 materials required for courses or LMS's have to be accessible. 295 00:33:23,822 --> 00:33:27,822 A PDF about current secular policies that was created in 2023 296 00:33:27,822 --> 00:33:30,822 would also not qualify. 297 00:33:30,822 --> 00:33:33,822 And you certainly can policies like this are probably needed to 298 00:33:33,822 --> 00:33:35,422 gain access to entities programs, services or activities. 299 00:33:35,584 --> 00:33:39,584 What about items in a digital repository or other types of legacy 300 00:33:39,584 --> 00:33:40,984 content where use is less were unknown. 301 00:33:40,984 --> 00:33:44,984 This is not as clear and depends on your institution's 302 00:33:44,984 --> 00:33:45,784 interpretation and exception policies. 303 00:33:48,307 --> 00:33:51,307 His legacy digitized counterpart of the library program services and 304 00:33:51,307 --> 00:33:51,807 activities? 305 00:33:51,891 --> 00:33:54,891 Whether your institution thinks the qualifies were not for this 306 00:33:54,891 --> 00:33:57,891 exception, Libraries should probably do more and document their 307 00:33:57,891 --> 00:34:00,491 efforts in this area. 308 00:34:00,491 --> 00:34:02,491 The thought of making all pre-existing conventional documents 309 00:34:02,491 --> 00:34:04,091 accessible in your library is understandably very overwhelming. 310 00:34:05,677 --> 00:34:11,677 We think it is very important to prioritize efforts and about risk 311 00:34:11,677 --> 00:34:13,877 hopefully with input from others in your library or in campus. 312 00:34:13,877 --> 00:34:15,877 We are obligated to provide accessible pre-existing 313 00:34:15,877 --> 00:34:18,877 conventional documents from our libraries upon request, now and 314 00:34:18,877 --> 00:34:21,477 after the compliance date. 315 00:34:21,477 --> 00:34:24,477 A Labra does not have procedures away plan for how to handle this 316 00:34:24,477 --> 00:34:25,877 request, that should definitely be a priority. 317 00:34:28,308 --> 00:34:32,308 Here at MSU levers, we plan to ask via our Title II task force for 318 00:34:32,308 --> 00:34:33,508 funds to outsource remediation some collections. 319 00:34:33,508 --> 00:34:37,508 We don't know if we will receive any funding but we plan to document 320 00:34:37,508 --> 00:34:40,708 our request. 321 00:34:40,708 --> 00:34:42,708 If we have staff, special student employs trained on document 322 00:34:42,708 --> 00:34:45,708 accessibility, we will also try to do productive mediation and how 323 00:34:45,708 --> 00:34:48,308 system collections. 324 00:34:48,308 --> 00:34:50,308 Doing something in chipping away at accessible content is better 325 00:34:50,308 --> 00:34:51,308 than doing nothing. 326 00:34:51,308 --> 00:34:53,308 We did want to note celebrities have wondered whether the 327 00:34:53,308 --> 00:34:55,308 fundamental operation and undue burden exception discussed on a few 328 00:34:55,308 --> 00:34:58,308 slides may apply to an entire digital repository or large 329 00:34:58,308 --> 00:35:01,108 collections of legacy content. 330 00:35:01,698 --> 00:35:03,698 The third exception is for third-party content. 331 00:35:03,698 --> 00:35:06,698 To meet this exception, third-party content must be posted 332 00:35:06,698 --> 00:35:11,698 by 1/3 party and not be posted due to congressional licensing rather 333 00:35:11,698 --> 00:35:13,298 arrangements with an agency. 334 00:35:14,655 --> 00:35:15,155 Entity. 335 00:35:15,155 --> 00:35:18,155 If anything qualify spit exception like the others, individual 336 00:35:18,155 --> 00:35:19,355 commissions that request must be met. 337 00:35:20,668 --> 00:35:24,668 Here are a few third-party content example from the context of this 338 00:35:24,668 --> 00:35:27,268 exception. 339 00:35:27,268 --> 00:35:29,668 Of patrons and accessible comment or post made to a library's social 340 00:35:29,668 --> 00:35:31,068 media or website would meet this exception. 341 00:35:32,175 --> 00:35:35,175 Library E-resources we purchased them license would not. 342 00:35:35,175 --> 00:35:37,575 I chat reference service provided by 1/3 party vendor would also not. 343 00:35:39,517 --> 00:35:43,517 There are a couple advanced questions from registrants related 344 00:35:43,517 --> 00:35:45,917 to this exception. 345 00:35:45,917 --> 00:35:48,717 One magician asked if there is guidance on what to do if 1/3 party 346 00:35:48,717 --> 00:35:49,517 vendor is not compliant? 347 00:35:50,117 --> 00:35:52,117 Is this where the exception comes in? 348 00:35:52,117 --> 00:35:54,517 How does one apply for an exception, and if not an exception 349 00:35:54,517 --> 00:35:56,517 to the library have to cancel access to that vendor. 350 00:35:56,517 --> 00:35:59,517 We have some guidance, I will so describe some sinks by TASH my 351 00:35:59,517 --> 00:36:02,517 institution is to become but it will depend what your situation 352 00:36:02,517 --> 00:36:03,717 decides to do about third-party content. 353 00:36:05,239 --> 00:36:09,239 Some of our PTA lepers including MSU have on-demand services in 354 00:36:09,239 --> 00:36:11,239 place for library users with disabilities can request because of 355 00:36:11,239 --> 00:36:12,439 the versions of the resource content. 356 00:36:13,514 --> 00:36:17,514 Any of our labors have also been asking vendors about WCAG 357 00:36:17,514 --> 00:36:19,314 compliance and to add accessibility license to our contracts. 358 00:36:22,936 --> 00:36:24,936 After lover is not doing these two things, 359 00:36:24,936 --> 00:36:27,536 we recommend you start here. 360 00:36:27,536 --> 00:36:30,536 Here at MSU, given Title II in a recently updated digital access to 361 00:36:30,536 --> 00:36:33,536 policy, we are going to do more documenting and follow-up if there 362 00:36:33,536 --> 00:36:35,536 is pushback to accept language. 363 00:36:35,536 --> 00:36:39,536 He also plan to notify vendors about our Title II obligations, and 364 00:36:39,536 --> 00:36:42,536 worn noncompliant offenders, auto renewal or new purchase in future 365 00:36:42,536 --> 00:36:45,536 years may not be possible without them signing our accessibility 366 00:36:45,536 --> 00:36:49,536 language addendum, or showing the plan to make progress on 367 00:36:49,536 --> 00:36:51,736 accessibility. 368 00:36:51,736 --> 00:36:54,736 We also plan to cement more EEAAPs, or equally effective alternative 369 00:36:54,736 --> 00:36:57,336 access plans. 370 00:36:57,336 --> 00:37:00,336 We are document to accessibility and RLS licensing module, and are 371 00:37:00,336 --> 00:37:01,536 storing VPATs there. 372 00:37:02,919 --> 00:37:06,919 We are not currently determined in contracts with in excess of vendors 373 00:37:06,919 --> 00:37:09,919 command don't think MSU expects this of us, as there's no 374 00:37:09,919 --> 00:37:10,919 accessible alternative and it's essential. 375 00:37:11,113 --> 00:37:15,113 We were getting to pressure vendors to comply, and approve – Mike 376 00:37:15,113 --> 00:37:16,113 improves directors ability. 377 00:37:16,113 --> 00:37:20,113 If more accessible alternative serve available from another vendor, 378 00:37:20,113 --> 00:37:23,113 redeeming eResources nonessential, we may cancel resources or stop 379 00:37:23,113 --> 00:37:24,713 requiring additional resources from an excess able vendors. 380 00:37:26,911 --> 00:37:29,911 The effort and interpretation that canceling some accessible 381 00:37:29,911 --> 00:37:31,911 third-party eResources not available from another vendor and 382 00:37:31,911 --> 00:37:34,911 are considered essential to research and teaching would be 383 00:37:34,911 --> 00:37:37,911 fundamentally altering the educational offerings and resources 384 00:37:37,911 --> 00:37:39,911 higher and insufficiency to provide. 385 00:37:39,911 --> 00:37:43,911 Frank will talk more about the fundamental operation exception and 386 00:37:43,911 --> 00:37:47,911 a couple slides, but maybe worth asking her general counsel or 80 387 00:37:47,911 --> 00:37:48,911 Corteva about their interposition. 388 00:37:48,911 --> 00:37:51,911 Panic has questions about exceptions, institutions need to 389 00:37:51,911 --> 00:37:56,911 decide if or how to exempt and access to third-party content 80 390 00:37:56,911 --> 00:37:59,911 essential, perhaps under the fundamental alteration exception as 391 00:37:59,911 --> 00:38:01,711 we really don't think eResources qualify for this exception. 392 00:38:04,421 --> 00:38:08,421 We also received the question, should we require VPATs? 393 00:38:08,542 --> 00:38:12,542 We asked about asking -- storing them if lovers aren't doing it 394 00:38:12,542 --> 00:38:14,542 already, but VPATs are not the be all and all. 395 00:38:14,591 --> 00:38:16,591 The quality and accuracy of VPATs can vary. 396 00:38:16,591 --> 00:38:21,591 Here at MSU, we've been collecting and story VPAT since 26(e) in, but 397 00:38:21,591 --> 00:38:24,591 don't verify or always reserves him upon receipt. 398 00:38:24,591 --> 00:38:29,591 We store the case users have specific issue, or need to refer to 399 00:38:29,591 --> 00:38:30,991 certain excess able aspect of avengers platform. 400 00:38:30,993 --> 00:38:34,993 We look more carefully at VPATs for new E-resources, seriously those 401 00:38:34,993 --> 00:38:36,393 will be have accessibility questions or concerns. 402 00:38:37,513 --> 00:38:39,913 When companies don't have a VPAT, that's a red flag for us. 403 00:38:41,017 --> 00:38:45,017 It is also a red flag when VPATs really outdated or have no dates, 404 00:38:45,017 --> 00:38:49,017 don't have information about who completed the document, when the 405 00:38:49,017 --> 00:38:53,017 mark supports for everything or most fields, and if they don't have 406 00:38:53,017 --> 00:38:54,617 any comments in the remarks and explanation section. 407 00:38:57,751 --> 00:39:00,751 Is also an exception for individual password-protected electronic 408 00:39:00,751 --> 00:39:03,751 documents which are defined as conventional electronic documents 409 00:39:03,751 --> 00:39:07,751 that are about specific into visual, property or the recount where 410 00:39:07,751 --> 00:39:09,151 access is restricted presumably to that individual. 411 00:39:11,871 --> 00:39:14,871 If access is requested, the entity needs to provide an excessive 412 00:39:14,871 --> 00:39:17,871 diversion under its equally effective communication 413 00:39:17,871 --> 00:39:19,871 application's, so again and wearily heading this home. 414 00:39:19,871 --> 00:39:22,871 If your library institution does not have a service workflow or plan 415 00:39:22,871 --> 00:39:26,871 to remediate or provide excessive aversions of documents, 416 00:39:26,871 --> 00:39:30,871 implementing something before the compliance deadline is hardly 417 00:39:30,871 --> 00:39:32,671 recommended. 418 00:39:32,671 --> 00:39:34,271 -- Is highly recommended. 419 00:39:34,271 --> 00:39:37,271 When I example is Minute Maid by an individual for the unusual 420 00:39:37,271 --> 00:39:39,871 reference. 421 00:39:39,871 --> 00:39:42,871 Those would qualify for this exception and would have to be 422 00:39:42,871 --> 00:39:45,071 excess become a part minutes from friends of the library meeting 423 00:39:45,071 --> 00:39:48,071 probably would not qualify. 424 00:39:48,071 --> 00:39:51,071 A less clear example comes from my questions omitted in advance of 425 00:39:51,071 --> 00:39:52,471 today's webinar about in her library loan. 426 00:39:53,476 --> 00:39:57,476 And asked: if I allow documents might be exempt from this exception 427 00:39:57,476 --> 00:39:59,676 because they are PDF, orc specific person into Mexico beyond a 428 00:39:59,676 --> 00:40:00,176 password. 429 00:40:02,744 --> 00:40:05,744 Our group is really not sure, I alephs are certainly 430 00:40:05,744 --> 00:40:08,744 password-protected and for an individual, but only about the 431 00:40:08,744 --> 00:40:10,744 specific individual, the property or the recount? 432 00:40:11,524 --> 00:40:15,524 It's our opinion your library and institution are going to have to 433 00:40:15,524 --> 00:40:18,524 interpret this until there is more information from a complaint or 434 00:40:18,524 --> 00:40:20,924 lawsuit. 435 00:40:20,924 --> 00:40:22,924 Even if your institution decides ILL documents qualify for this 436 00:40:22,924 --> 00:40:26,924 exception, we feel it would be wise to still address and improve ILL 437 00:40:26,924 --> 00:40:29,724 accessibility. 438 00:40:29,724 --> 00:40:32,124 Library ILL pages and forms a recent article, at least most of 439 00:40:32,124 --> 00:40:34,924 the time. 440 00:40:34,924 --> 00:40:36,924 So so should be accessible. 441 00:40:36,924 --> 00:40:39,124 Your library should be prepared to make ILL more accessible upon 442 00:40:39,124 --> 00:40:41,324 request and have a workflow, or for outsourcing these types of 443 00:40:41,324 --> 00:40:41,824 requests. 444 00:40:41,953 --> 00:40:44,953 ILL cover sheets and webpages should have instructions on how 445 00:40:44,953 --> 00:40:46,953 users with disabilities can request a more accessible ILL document. 446 00:40:49,581 --> 00:40:55,581 Some libraries have started adding automated optical care or OCR, 447 00:40:55,581 --> 00:40:58,581 further height to commit conversion program's like the (Indiscernible) 448 00:40:58,581 --> 00:40:59,081 server. 449 00:40:59,081 --> 00:41:03,081 These will buy them out -- no means be perfect, but for many born 450 00:41:03,081 --> 00:41:04,881 digital ILL documents, auto-OCR can be a great start. 451 00:41:05,524 --> 00:41:10,524 I will now turn things over to Frank to talk but the last few 452 00:41:10,524 --> 00:41:13,524 exceptions. 453 00:41:13,524 --> 00:41:14,024 FRANK 454 00:41:14,024 --> 00:41:15,024 FRANK SWEIS: Thank you Heidi. 455 00:41:15,024 --> 00:41:17,224 I would like to talk about the existing social media exception. 456 00:41:17,454 --> 00:41:21,454 To meet the exception must've been published prior to the complaint 457 00:41:21,454 --> 00:41:23,854 date. 458 00:41:23,854 --> 00:41:26,054 This one is a bit more straightforward, and the key part 459 00:41:26,054 --> 00:41:28,254 in the exception is pre-existing, as it must have been published 460 00:41:28,254 --> 00:41:30,054 prior to ours April 2026, Waple 2027 complaint states. 461 00:41:34,384 --> 00:41:37,384 However, like we mentioned with other exceptions, if access to 462 00:41:37,384 --> 00:41:40,384 pre-existing social media was requested, the entity would be to 463 00:41:40,384 --> 00:41:43,384 provide an accessible version under its equally effective communication 464 00:41:43,384 --> 00:41:45,384 supplications. 465 00:41:45,810 --> 00:41:48,810 Lastly, we want to discuss the concept of fundamental alteration 466 00:41:48,810 --> 00:41:50,010 in undue burden related to compliance. 467 00:41:53,157 --> 00:41:56,157 So workplace would result in the fundament alteration in the nature 468 00:41:56,157 --> 00:41:59,157 of the service, program activity, or in undue financial and 469 00:41:59,157 --> 00:41:59,957 administrative burdens. 470 00:41:59,957 --> 00:42:02,957 Compliance with regard to the extent that it does not resolve in 471 00:42:02,957 --> 00:42:04,557 a fundamental alteration or undue financial and administrative 472 00:42:04,557 --> 00:42:05,057 burdens. 473 00:42:09,545 --> 00:42:13,545 So notes about this in the process for determining fundament of 474 00:42:13,545 --> 00:42:15,145 alteration and undue burden. 475 00:42:15,145 --> 00:42:18,145 The public entity has the burden of proving the complaints would 476 00:42:18,145 --> 00:42:20,145 result in such alterations or burdens, and the decision 477 00:42:20,145 --> 00:42:24,145 complaints would result in such alteration or Britain must be made 478 00:42:24,145 --> 00:42:27,145 by the head of the public entity, or there designee after considering 479 00:42:27,145 --> 00:42:31,145 all resources available for the funding and operation of the 480 00:42:31,145 --> 00:42:33,745 service, program activity. 481 00:42:33,745 --> 00:42:37,745 This must be a company by a written statement of the reasons 482 00:42:37,745 --> 00:42:40,945 for reaching that conclusion. 483 00:42:40,945 --> 00:42:43,545 Lastly, it is important to note the entity shall take any other action 484 00:42:43,545 --> 00:42:47,545 that would not result in such a alteration or such burdens, but 485 00:42:47,545 --> 00:42:49,545 would nevertheless ensure individuals with disabilities 486 00:42:49,545 --> 00:42:52,545 receive the benefits or services provided to the public entity to 487 00:42:52,545 --> 00:42:54,145 the maximum extent possible. 488 00:42:54,145 --> 00:42:58,145 We will go over that point in a moment, it's always important to 489 00:42:58,145 --> 00:43:01,145 remember there was a gradient when it comes to accessibility between 490 00:43:01,145 --> 00:43:05,145 doing nothing, full compliance, and determining if it ends up being a 491 00:43:05,145 --> 00:43:06,145 fundamental alteration or undue burden. 492 00:43:08,334 --> 00:43:12,334 As we discussed before, it is always important to make things as 493 00:43:12,334 --> 00:43:14,134 accessible as it can, even prior to client states. 494 00:43:18,486 --> 00:43:21,486 So how do front of alterations in the departments apply? 495 00:43:21,486 --> 00:43:23,886 Depends on a number of factors. 496 00:43:23,886 --> 00:43:26,886 He includes a small operational budget were maybe undue burden to 497 00:43:26,886 --> 00:43:29,886 make simple on Carnival documents fully accessible in a short period 498 00:43:29,886 --> 00:43:31,686 of time, in response to request by an individual. 499 00:43:31,686 --> 00:43:34,686 This can also change over time as budgets can change as 500 00:43:34,686 --> 00:43:37,686 (Indiscernible) she does to technology to reduce the cost of 501 00:43:37,686 --> 00:43:40,086 access ability. 502 00:43:40,086 --> 00:43:44,086 For example in reducing ILL turnaround times from 2 to 3 days 503 00:43:44,086 --> 00:43:47,086 to 10 to 14 days, leverage intermediate ILL documents, you 504 00:43:47,086 --> 00:43:49,086 find about alteration to the service? 505 00:43:49,086 --> 00:43:51,286 Depends on a number of factors including budget, and skill of 506 00:43:51,286 --> 00:43:51,786 work. 507 00:43:52,751 --> 00:43:55,751 What is important is to document you can and cannot do so the 508 00:43:55,751 --> 00:43:59,751 institution can make informed decisions as part of the process we 509 00:43:59,751 --> 00:44:00,751 outlined a moment ago. 510 00:44:00,751 --> 00:44:03,751 It's also important to remember there are many gradients of excess 511 00:44:03,751 --> 00:44:05,751 ability between fully compliant and noncompliance, and you should aim 512 00:44:05,751 --> 00:44:09,151 to do what you can and prioritize. 513 00:44:09,151 --> 00:44:12,151 In a little bit Nancy will go over examples of things you can do to 514 00:44:12,151 --> 00:44:13,551 get closer to accessibility in this example. 515 00:44:14,371 --> 00:44:19,371 What about changing colors of a scanned PDF to pass like a 2.1 AA 516 00:44:19,371 --> 00:44:20,371 color contrast? 517 00:44:20,371 --> 00:44:23,371 Is that a fundamental alteration to the reproduction of the original 518 00:44:23,371 --> 00:44:24,371 print item? 519 00:44:24,371 --> 00:44:27,371 This is likely a fundamental alteration as you would be changing 520 00:44:27,371 --> 00:44:29,771 the original design and intent of the document, but what is important 521 00:44:29,771 --> 00:44:32,771 here is that even if it's a fundamental operation Schmick 522 00:44:32,771 --> 00:44:35,771 alteration you would still need to take action such as improving color 523 00:44:35,771 --> 00:44:38,771 contrast to immediate access for any vigils with disabilities once 524 00:44:38,771 --> 00:44:41,371 it is requested. 525 00:44:41,738 --> 00:44:45,738 Lastly what unsubscribing to an accessible Journal be needed by -- 526 00:44:45,738 --> 00:44:48,738 needed by physics researchers at your institution if an alteration 527 00:44:48,738 --> 00:44:52,738 of what universes provide staff as part of their programs, services or 528 00:44:52,738 --> 00:44:53,238 activities? 529 00:44:53,238 --> 00:44:56,238 This would require documents of the issues and working with others 530 00:44:56,238 --> 00:44:58,238 so University can make an informed decision. 531 00:44:58,238 --> 00:45:02,238 If it's material required for one to continue the research, then it 532 00:45:02,238 --> 00:45:05,638 could be an undue burden. 533 00:45:05,638 --> 00:45:08,438 However, there is still a need to talk to the vendor to highlight any 534 00:45:08,438 --> 00:45:10,438 issues and encourage them to take any action to improve 535 00:45:10,438 --> 00:45:10,938 accessibility. 536 00:45:10,938 --> 00:45:14,938 And again, even if undue burden is applied, it still expected that the 537 00:45:14,938 --> 00:45:17,938 entity take action so that individuals with disabilities 538 00:45:17,938 --> 00:45:19,938 receive equal benefits and service to the maximum extent possible. 539 00:45:20,919 --> 00:45:23,719 Now I would like to hit it over to Nancy for the Lawyerbrarian take. 540 00:45:34,434 --> 00:45:34,934 NANCY 541 00:45:34,934 --> 00:45:35,934 SIMS: Thank you. 542 00:45:35,934 --> 00:45:38,934 And I will just briefly give you a little bit on my back and that 543 00:45:38,934 --> 00:45:42,934 somebody acted the Q&A already. 544 00:45:42,934 --> 00:45:46,934 I am the working lawyer on this group of people presenting but my 545 00:45:46,934 --> 00:45:47,934 specialty is primarily copyright law. 546 00:45:50,184 --> 00:45:53,184 So I am not particularly deeply versed in disability law. 547 00:45:53,184 --> 00:45:56,384 I have done some work in the area. 548 00:46:04,120 --> 00:46:08,120 So, the first thing that I am here to talk about is copyright. 549 00:46:08,120 --> 00:46:10,320 Because that is something that people do have questions about in 550 00:46:10,320 --> 00:46:13,520 terms of the mediating content. 551 00:46:13,520 --> 00:46:16,520 And I noted people have questions about what different types of laws 552 00:46:16,520 --> 00:46:20,520 may apply or be benefit, in the United States I do not think you 553 00:46:20,520 --> 00:46:24,720 need to take a very deep anymore. 554 00:46:24,720 --> 00:46:29,720 They used to be in more complicated laws but copyright 555 00:46:29,720 --> 00:46:35,720 should not be a big barrier for us to convert content for people 556 00:46:35,720 --> 00:46:36,920 because fair use covers accessibility copied. 557 00:46:38,319 --> 00:46:40,319 It is only in the US. 558 00:46:40,319 --> 00:46:43,319 If there are people in this call from other countries this will not 559 00:46:43,319 --> 00:46:46,919 be as clear for you. 560 00:46:50,591 --> 00:46:55,591 There was a case about 10 years ago that is the form… It is one of the 561 00:46:55,591 --> 00:46:57,991 cases about Google digitizing books but this is the library versions of 562 00:46:57,991 --> 00:47:00,991 those digitized books. 563 00:47:03,586 --> 00:47:07,586 And a judge said I cannot imagine a definition of fair use that would 564 00:47:07,586 --> 00:47:08,786 not encompass these kinds of uses. 565 00:47:08,786 --> 00:47:11,786 And he very clearly tied not to just such ability of the materials, 566 00:47:11,786 --> 00:47:13,986 but also says that imperfection breaks the ideals espoused by the 567 00:47:13,986 --> 00:47:15,986 ATA as being part of why it is fair use. 568 00:47:18,251 --> 00:47:28,251 So fair use probably covers most copying we might need to do to make 569 00:47:28,251 --> 00:47:29,251 accessible versions. 570 00:47:29,251 --> 00:47:33,251 If we are dealing with content that is not coming from us, from 571 00:47:33,251 --> 00:47:35,451 our vendors, they are supposed to be providing accessible copies in 572 00:47:35,451 --> 00:47:38,251 the first place. 573 00:47:38,251 --> 00:47:42,251 In the case that they are not, which has already been addressed a 574 00:47:42,251 --> 00:47:47,251 little bit, we need to overlie on contracts, more than any kind of 575 00:47:47,251 --> 00:47:48,251 copyright law. 576 00:47:48,251 --> 00:47:49,651 In order to achieve the legal requirements. 577 00:47:57,953 --> 00:48:00,953 We can tell our vendors we will not for new your content. 578 00:48:00,953 --> 00:48:02,953 Even if they are really not performing, we could consider 579 00:48:02,953 --> 00:48:05,753 saying we cannot pay you until you do what you said you would do. 580 00:48:06,173 --> 00:48:10,173 But contracts are where we will be trying to force our third-party 581 00:48:10,173 --> 00:48:12,173 providers to make things accessible. 582 00:48:12,383 --> 00:48:14,183 Some of our contracts may prohibit us from copying. 583 00:48:17,653 --> 00:48:24,653 This is not copyright law getting in the way, this would be one of 584 00:48:24,653 --> 00:48:27,653 our contracts getting in the way. 585 00:48:27,653 --> 00:48:30,653 Some of our contracts and we should not make copies. 586 00:48:30,653 --> 00:48:35,653 You may need to renegotiate your contract or figure out what 587 00:48:35,653 --> 00:48:39,653 middleground you need to find between following the contract and 588 00:48:39,653 --> 00:48:40,853 following accessible law. 589 00:48:40,853 --> 00:48:46,853 A lot of what we have talked about today comes down to we do not have 590 00:48:46,853 --> 00:48:48,453 super clear answers about exactly what might apply. 591 00:48:52,125 --> 00:48:54,325 So this is my legal realistic take on all of this. 592 00:48:57,224 --> 00:49:00,224 Some elements of these regulations are probably going to remain 593 00:49:00,224 --> 00:49:03,024 unclear for a while. 594 00:49:03,305 --> 00:49:05,305 That is how regulations work. 595 00:49:05,305 --> 00:49:08,305 That is how the original ADEA worked. 596 00:49:08,305 --> 00:49:14,305 It is how the original web content accessibility laws work. 597 00:49:14,305 --> 00:49:16,905 They provide regulations and then we work to try to figure them out. 598 00:49:25,312 --> 00:49:29,312 Before I move onto the last point here I am going to point out 599 00:49:29,312 --> 00:49:31,312 another complicating factor here is that there are some pending 600 00:49:31,312 --> 00:49:32,712 challenges to all of federal regulatory law. 601 00:49:32,712 --> 00:49:36,712 And by that I mean the Supreme Court last term overload a decision 602 00:49:36,712 --> 00:49:44,712 that was called the chef one case, and no longer… So that was the 603 00:49:44,712 --> 00:49:48,712 basis of most federal regulatory law. 604 00:49:48,712 --> 00:49:52,712 And there are over the lot and lots of lawsuits challenging (all 605 00:49:52,712 --> 00:49:55,512 federal regulations. 606 00:49:55,512 --> 00:49:57,512 Some of them from states. 607 00:49:58,190 --> 00:50:02,190 Your state may be a state where people are choosing to to consider 608 00:50:02,190 --> 00:50:06,190 federal regulatory law invited law. 609 00:50:06,190 --> 00:50:08,190 Hopefully not! 610 00:50:08,190 --> 00:50:13,190 But that may be a factor you have to consider when consulting with 611 00:50:13,190 --> 00:50:16,390 your constitutional counsel. 612 00:50:16,521 --> 00:50:21,521 All that said, this is all very up in the air but what this really 613 00:50:21,521 --> 00:50:23,521 means is that there is space for trying different things. 614 00:50:24,891 --> 00:50:28,891 So we have the ILL document accessibility example that we have 615 00:50:28,891 --> 00:50:35,891 been talking about throughout the presentation, and if we are 616 00:50:35,891 --> 00:50:42,891 providing automated OCR, with heavily ILL document, that is not 617 00:50:42,891 --> 00:50:43,491 meeting accessibility guidelines. 618 00:50:43,491 --> 00:50:45,091 That is not good enough to be accessible. 619 00:50:45,091 --> 00:50:46,491 But it is better than doing nothing. 620 00:50:47,179 --> 00:50:52,179 And anything you can do to move yourself towards processes that 621 00:50:52,179 --> 00:50:56,179 will get you closer to accessibility for everybody is 622 00:50:56,179 --> 00:50:57,379 probably worth doing. 623 00:50:59,274 --> 00:51:02,274 Those fundamental alteration and undue burden exceptions are worth 624 00:51:02,274 --> 00:51:07,274 considering, but is there something you can do as an intermediate step? 625 00:51:08,343 --> 00:51:12,343 My first step here is that to some degree you are the people with the 626 00:51:12,343 --> 00:51:13,543 best expertise to answer these questions. 627 00:51:14,936 --> 00:51:17,936 If you are working with your institutional counsel to try to 628 00:51:17,936 --> 00:51:20,936 figure out what these rules require, they are going to need to know 629 00:51:20,936 --> 00:51:31,936 from you what are the fundamental details of your service? 630 00:51:31,936 --> 00:51:38,936 What would be a fundamental alteration? 631 00:51:38,936 --> 00:51:40,536 What could you do that might be different? 632 00:51:40,536 --> 00:51:43,336 And these are things that we can all work together to talk to one 633 00:51:43,336 --> 00:51:45,536 another to try to work out in the next few years. 634 00:51:45,536 --> 00:51:46,136 So thank you. 635 00:51:46,136 --> 00:51:47,736 I think we have Binky coming up next. 636 00:51:48,349 --> 00:51:49,349 BINKY 637 00:51:49,349 --> 00:51:53,349 LUSH: ABORH, thank you so much Nancy. 638 00:51:53,349 --> 00:51:56,349 And at this point we fought it might be helpful to share some 639 00:51:56,349 --> 00:51:59,349 resources with all of you as well as some real examples of an in 640 00:51:59,349 --> 00:52:00,949 progress accessibility action plan. 641 00:52:21,770 --> 00:52:23,770 So, these new regulations are daunting. 642 00:52:23,770 --> 00:52:26,170 And when the new title to regulations came out here at Penn 643 00:52:26,170 --> 00:52:27,970 State University Libraries we started putting together a game 644 00:52:27,970 --> 00:52:30,570 plan of how remote approach the work, trying to break it down into 645 00:52:30,570 --> 00:52:31,170 more manageable pieces. 646 00:52:31,170 --> 00:52:32,370 We started with the following steps. 647 00:52:32,370 --> 00:52:34,370 They sing awareness of foster libraries, developing a plan and 648 00:52:34,370 --> 00:52:36,370 using that to determine the resources we would need. 649 00:52:36,370 --> 00:52:38,370 We are working on developing testing plans and protocols and 650 00:52:38,370 --> 00:52:41,370 reviewing advising a life of its accessibility policy and statement. 651 00:52:41,370 --> 00:52:44,370 We are also making sure that we have a reliable vehicle for users 652 00:52:44,370 --> 00:52:48,370 to request accessibility help and feedback, and the workflows in 653 00:52:48,370 --> 00:52:50,370 place to back it up. 654 00:52:50,370 --> 00:52:53,370 And we also want to make sure that we collaborate with the rest of the 655 00:52:53,370 --> 00:53:01,370 University and take advantage of university partnerships and 656 00:53:01,370 --> 00:53:02,370 resources. 657 00:53:02,370 --> 00:53:07,370 So first and foremost, we needed to raise awareness about the new 658 00:53:07,370 --> 00:53:07,870 regulation. 659 00:53:07,870 --> 00:53:09,870 Our first conversations outside of the small accessibility group with 660 00:53:09,870 --> 00:53:10,870 the library's administration. 661 00:53:10,870 --> 00:53:12,670 We are lucky in that our administration has always 662 00:53:12,670 --> 00:53:26,670 privatized accessibility to taking these new roles seriously was 663 00:53:26,670 --> 00:53:31,670 already a given. 664 00:53:31,670 --> 00:53:34,670 Conversations and presentations included the impact on the library, 665 00:53:34,670 --> 00:53:36,870 the possible vests involved in the potential resources needed to meet 666 00:53:36,870 --> 00:53:37,670 the April 2026 guideline. 667 00:53:37,670 --> 00:53:39,270 The next step was communicated across our libraries. 668 00:53:39,270 --> 00:53:42,270 And the new of all impacts every area and all of the work that we 669 00:53:42,270 --> 00:53:45,670 all do. 670 00:53:45,670 --> 00:53:48,270 So we will be presenting at an upcoming meeting so far from and 671 00:53:48,270 --> 00:53:52,270 beating with departments, subject encompass libraries individually, 672 00:53:52,270 --> 00:53:59,270 as well as groups and communities of practice to explain what the new 673 00:53:59,270 --> 00:54:02,270 ruling means for them and the work that they do and how we will be 674 00:54:02,270 --> 00:54:04,070 working together to address digital content in their vamp. 675 00:54:04,070 --> 00:54:05,870 Ongoing communication is also critical to keep accessibility in 676 00:54:05,870 --> 00:54:08,670 the forefront of people's minds. 677 00:54:08,670 --> 00:54:11,270 It needs to become a natural part of the work that people do. 678 00:54:11,270 --> 00:54:13,470 We'll continue to make libraries, faculty and staff aware of the 679 00:54:13,470 --> 00:54:15,070 available training, resources and tools available to them. 680 00:54:30,319 --> 00:54:34,319 So, we have been working on an actual written plan or strategy to 681 00:54:34,319 --> 00:54:34,819 achieve accessibility. 682 00:54:34,819 --> 00:54:36,019 We are targeting the following questions. 683 00:54:36,019 --> 00:54:37,819 What should the task force our team look like? 684 00:54:37,819 --> 00:54:40,219 Who should be involved and where are the gaps in resources or 685 00:54:40,219 --> 00:54:40,719 expertise? 686 00:54:40,719 --> 00:54:42,919 What are the digital platforms and content we need to address? 687 00:54:42,919 --> 00:54:44,519 What is our approach for each of those? 688 00:54:44,519 --> 00:54:47,519 What we are trying to do is break down all of these areas and then 689 00:54:47,519 --> 00:54:49,319 specify the steps and accessibility process for each one. 690 00:54:49,319 --> 00:54:51,919 So similar to the content buckets a be discussed, we have broken our 691 00:54:51,919 --> 00:54:53,319 platforms and content into the following areas. 692 00:54:53,319 --> 00:54:55,319 Locally developed applications and the content dogs into them; vended 693 00:54:55,319 --> 00:55:05,319 applications and the content that goes into them; websites, platforms 694 00:55:05,319 --> 00:55:08,319 and content; maybe regards, open publishing resources, electronic 695 00:55:08,319 --> 00:55:10,319 music, and social media. 696 00:55:10,319 --> 00:55:13,319 So for an example, we will look at our locally developed applications, 697 00:55:13,319 --> 00:55:14,319 where third-party content is deposited. 698 00:55:18,589 --> 00:55:21,589 An example of these applications include our institutional 699 00:55:21,589 --> 00:55:22,989 repository, and our electronic thesis and dissertation 700 00:55:22,989 --> 00:55:23,489 application. 701 00:55:24,867 --> 00:55:27,867 And examples of the third-party content that go into these 702 00:55:27,867 --> 00:55:35,867 applications include faculty research, and thesis and 703 00:55:35,867 --> 00:55:36,867 dissertations. 704 00:55:36,867 --> 00:55:48,867 This includes drafting the template, and including -- updating the UI. 705 00:55:48,867 --> 00:56:00,867 We are working on changing the contents deposit workflow to test 706 00:56:00,867 --> 00:56:02,867 and remediate the third-party content as part of the deposit 707 00:56:02,867 --> 00:56:03,367 process. 708 00:56:03,367 --> 00:56:05,967 And then for all of these areas, we are creating a baseline and 709 00:56:05,967 --> 00:56:07,567 determining how progress will be measured and documented. 710 00:56:20,177 --> 00:56:24,177 So in assessing the accessibility work to be done across the library, 711 00:56:24,177 --> 00:56:26,577 we are starting with the team that includes a project manager, to 712 00:56:26,577 --> 00:56:28,577 direct the accessibility effort in the library; strategist and liaison 713 00:56:28,577 --> 00:56:30,377 with the University accessibility leadership to develop the libraries 714 00:56:30,377 --> 00:56:32,177 accessibility plan and provide consultation and guidance; we have 715 00:56:32,177 --> 00:56:38,177 an open publishing accessibility coordination team; out there guides 716 00:56:38,177 --> 00:56:42,177 specialist; and assistive technology specialist; a technology 717 00:56:42,177 --> 00:56:47,177 trainer; our (indiscernible) team is all on board; third-party 718 00:56:47,177 --> 00:56:53,177 content coordinators for the deposited third-party content that 719 00:56:53,177 --> 00:56:57,177 we discussed earlier; a testing coordinator to oversee our 720 00:56:57,177 --> 00:57:05,177 automated testing and monitor report, and also to schedule and 721 00:57:05,177 --> 00:57:09,177 coordinate manual testing; and then of course and even resources 722 00:57:09,177 --> 00:57:10,777 accessibility coordinator to work of our acquisitions team. 723 00:57:26,772 --> 00:57:30,772 So we found it to be really important in all of this to have 724 00:57:30,772 --> 00:57:32,172 consisting tested plans and protocols in place. 725 00:57:32,172 --> 00:57:34,572 The library uses site input for automated testing, and most of our 726 00:57:34,572 --> 00:57:35,172 sites and applications. 727 00:57:35,172 --> 00:57:43,172 We also used the site improved browser extension from page by page 728 00:57:43,172 --> 00:57:44,172 testing. 729 00:57:44,172 --> 00:57:48,172 And by using the same tools it has really helped with consistency of 730 00:57:48,172 --> 00:57:51,172 supporting advice a great baseline for which we can compare our 731 00:57:51,172 --> 00:57:53,572 progress. 732 00:57:53,572 --> 00:57:55,572 We are also conducting ongoing extensive scans of our digital 733 00:57:55,572 --> 00:57:57,572 platforms and content with the help of an assistive technology 734 00:57:57,572 --> 00:57:59,372 specialist who is from the central IT accessibility office. 735 00:57:59,372 --> 00:58:01,372 And uses green meaning software. 736 00:58:01,372 --> 00:58:03,772 She hosts regular office hours in the library for all of our 737 00:58:03,772 --> 00:58:06,972 developers and content specialist. 738 00:58:07,754 --> 00:58:09,954 So we have always had an accessibility policy, in place at 739 00:58:09,954 --> 00:58:10,454 the library. 740 00:58:12,285 --> 00:58:16,285 But now is a great time for us to review it, specify the new 741 00:58:16,285 --> 00:58:19,285 requirements, and outline the actions that the libraries will 742 00:58:19,285 --> 00:58:21,885 need to take to comply with this world and stay compliant in the 743 00:58:21,885 --> 00:58:22,385 future. 744 00:58:44,435 --> 00:58:48,435 And we also currently have ways for users to request an alternate 745 00:58:48,435 --> 00:58:50,435 version of the libraries resource, or to report an accessibility 746 00:58:50,435 --> 00:58:50,935 issue. 747 00:58:50,935 --> 00:58:52,935 And that is on all of our libraries digital properties. 748 00:58:52,935 --> 00:58:55,535 We need to review and update these as well just to make sure. 749 00:58:55,535 --> 00:58:58,135 And equally as important as making sure that somebody can reach out to 750 00:58:58,135 --> 00:59:00,535 us to request content of the report and accessibility issue is making 751 00:59:00,535 --> 00:59:02,935 sure that the prophecies are in place to satisfy that request or 752 00:59:02,935 --> 00:59:03,435 complete. 753 00:59:03,435 --> 00:59:06,035 But it goes to the correct people in an appropriate and timely action 754 00:59:06,035 --> 00:59:09,235 will be taken. 755 00:59:09,235 --> 00:59:10,635 And then lastly, university partnerships and other 756 00:59:10,635 --> 00:59:11,135 collaborations. 757 00:59:11,135 --> 00:59:14,135 We are looking for places in the library, Acosta University, and 758 00:59:14,135 --> 00:59:17,135 with our vendors where we might partner and collaborate for 759 00:59:17,135 --> 00:59:19,335 accessibility. 760 00:59:22,954 --> 00:59:25,954 We have a wonderful university wide training of resources, 761 00:59:25,954 --> 00:59:27,554 connected IT accessibility office and a really tightknit 762 00:59:27,554 --> 00:59:28,554 accessibility community in the University. 763 00:59:35,094 --> 00:59:38,094 All offering help, advice and solutions to the challenges that we 764 00:59:38,094 --> 00:59:39,094 are all facing. 765 00:59:39,094 --> 00:59:41,894 And it is always great to know that we are not alone in these 766 00:59:41,894 --> 00:59:43,694 efforts and that we do have collaborators across the 767 00:59:43,694 --> 00:59:44,194 University. 768 00:59:44,194 --> 00:59:46,594 Now I will pass it on to Frankie will provide some excellent 769 00:59:46,594 --> 00:59:47,594 resources entitled for remediation work. 770 00:59:50,532 --> 00:59:51,032 FRANK 771 00:59:51,032 --> 00:59:55,032 SWEIS: Thanks Binky, I also want to point out one of the additional 772 00:59:55,032 --> 00:59:58,032 steps we've taken his review read digital access to build a policy. 773 00:59:58,032 --> 01:00:00,432 It's a great first step for an institution to begin the steps. 774 01:00:02,938 --> 01:00:06,938 I look at your questions and just moment, but before we do the last 775 01:00:06,938 --> 01:00:09,938 reasons want to share is put together some guides and tools to 776 01:00:09,938 --> 01:00:12,138 get people started to learn how to make digital materials more 777 01:00:12,138 --> 01:00:15,538 accessible, the tools that can help. 778 01:00:15,538 --> 01:00:17,538 Karmically included a couple of general guides and reviews for 779 01:00:17,538 --> 01:00:19,738 accessibility from the W3C as well as from the University of 780 01:00:19,738 --> 01:00:20,238 Minnesota. 781 01:00:20,318 --> 01:00:24,318 These are tips and guidelines that apply to many materials or purpose 782 01:00:24,318 --> 01:00:26,318 of for metal file type. 783 01:00:26,318 --> 01:00:29,318 This can help folks at your university learn the basics of 784 01:00:29,318 --> 01:00:31,918 visual accessibility. 785 01:00:31,918 --> 01:00:33,918 We also include specific guides for popular formats in Microsoft 786 01:00:33,918 --> 01:00:35,518 Word, he was remediating PDFs with Adobe Acrobat. 787 01:00:35,940 --> 01:00:39,940 If you wanted to ask for some tools to help with remediation, we 788 01:00:39,940 --> 01:00:40,940 included a few examples. 789 01:00:40,940 --> 01:00:44,940 These are not the only options available, but there's only use at 790 01:00:44,940 --> 01:00:47,540 Northwestern. 791 01:00:47,540 --> 01:00:51,540 First we use is ABBYY FineReader and server, which can help with 792 01:00:51,540 --> 01:00:52,540 (Indiscernible) and scale. 793 01:00:52,540 --> 01:00:55,540 Sing about the ILL exhibits we talked about. 794 01:00:55,540 --> 01:00:59,540 This is a great tool that cannot be get to more accessible – my 795 01:00:59,540 --> 01:01:01,140 Marks visible as we work through this compliance. 796 01:01:02,399 --> 01:01:05,399 We also have aqueducts which we use at Northwestern, and my opinion is 797 01:01:05,399 --> 01:01:09,399 a bit more easier to use for PDF or mediation compared to Adobe Acrobat 798 01:01:09,399 --> 01:01:12,599 built-in tools. 799 01:01:12,599 --> 01:01:15,599 And also have Pope Tech which helps automate accessibility check 800 01:01:15,599 --> 01:01:18,599 of websites which is so much as a site Binky mentioned, helps us 801 01:01:18,599 --> 01:01:20,599 identify document issues in our campus course -- course modules. 802 01:01:22,135 --> 01:01:26,135 Also we have census access which is a document conversion tool that 803 01:01:26,135 --> 01:01:28,135 allows you to convert materials to different formats. 804 01:01:28,135 --> 01:01:30,335 For example, text to audio or digital braille, or even large 805 01:01:30,335 --> 01:01:30,835 print. 806 01:01:34,667 --> 01:01:37,267 Next we are going to stop the recording to get into our Q&A. 807 01:01:39,335 --> 01:01:43,335 But before we head into questions, we talked a little bit about the 808 01:01:43,335 --> 01:01:46,335 action plans or steps were taking her at her institutions. 809 01:01:46,335 --> 01:01:52,335 I would like for attendees to also have the opportunity to share what 810 01:01:52,335 --> 01:01:54,335 you and your institutions have done so far to prepare. 811 01:01:55,401 --> 01:01:58,401 So in addition to the examples that we have all shared here, we 812 01:01:58,401 --> 01:02:00,201 hope we can learn from your institutions and libraries. 813 01:02:02,384 --> 01:02:04,984 With that I want to include, I will hopefully send this out to 814 01:02:04,984 --> 01:02:05,484 everyone. 815 01:02:06,194 --> 01:02:10,194 We put together a Google Form to put anything you would like to 816 01:02:10,194 --> 01:02:13,794 share about your institutions plans. 817 01:02:13,794 --> 01:02:16,594 Our goal is to put these responses together and share it up with the 818 01:02:16,594 --> 01:02:18,394 rest of the webinar materials in the coming weeks. 819 01:02:18,394 --> 01:02:21,394 And just as a note, we are collecting email addresses on this 820 01:02:21,394 --> 01:02:23,394 farm, and we will anonymize anything that's shared. 821 01:02:23,394 --> 01:02:26,394 But please be mindful and disclosing any identifiable 822 01:02:26,394 --> 01:02:28,594 information such as the name of your institution in your response. 823 01:02:29,379 --> 01:02:33,379 On that farm as well, we have some – an opportunity to provide 824 01:02:33,379 --> 01:02:35,379 feedback about the webinar itself. 825 01:02:35,639 --> 01:02:38,639 So please share any feedback to presenters, and for a Library 826 01:02:38,639 --> 01:02:40,439 Accessibility Group to see how we did for that. 827 01:02:41,923 --> 01:02:44,323 I think that will take us over to our questions and discussion 828 01:02:44,323 --> 01:02:44,823 portion. 829 01:02:46,731 --> 01:02:50,731 I believe at this point maybe we can stop sharing and see if we can 830 01:02:50,731 --> 01:02:52,131 get folks on screen that are presenting. 831 01:03:13,683 --> 01:03:16,683 Sorry think, just to start real quick, I know we are getting 832 01:03:16,683 --> 01:03:18,083 cautions about materials and copies of this. 833 01:03:19,713 --> 01:03:22,713 The slide deck just got shared, and we will follow up with 834 01:03:22,713 --> 01:03:26,713 registrants once the recording is available, as well as the slides 835 01:03:26,713 --> 01:03:28,713 and any other materials we will provide for you all. 836 01:03:29,304 --> 01:03:33,304 We are trying to provide as much as we can with everyone who has 837 01:03:33,304 --> 01:03:34,904 registered for the webinar. 838 01:03:45,193 --> 01:03:45,693 AMY 839 01:03:45,693 --> 01:03:46,193 AMY 840 01:03:46,193 --> 01:03:50,193 DRAYER: This is Amy, I'm taking a look at one of the open questions 841 01:03:50,193 --> 01:03:53,793 that we still have. 842 01:03:53,793 --> 01:03:56,393 The first one is I'm getting confused about what is meant by the 843 01:03:56,393 --> 01:03:57,393 compliance state. 844 01:03:57,393 --> 01:03:58,193 -- Date. 845 01:04:00,216 --> 01:04:02,216 I said April 2026 or 2027 depending on your population. 846 01:04:05,249 --> 01:04:11,249 Does that mean anything created or published before April 2026 is 847 01:04:11,249 --> 01:04:12,249 exempt? 848 01:04:15,281 --> 01:04:15,781 So... 849 01:04:16,356 --> 01:04:17,156 Maybe (Laughs). 850 01:04:19,284 --> 01:04:21,484 If you are thinking, let's use the archived web content scenario. 851 01:04:24,623 --> 01:04:26,423 You are looking at your archive, your online archive. 852 01:04:30,750 --> 01:04:32,750 And you are saying all these newspapers from the 1980s. 853 01:04:36,103 --> 01:04:38,103 And you don't know if they are in a course. 854 01:04:38,301 --> 01:04:41,301 So you know they are not being used in a course. 855 01:04:41,301 --> 01:04:42,701 There's no indication people are accessing these. 856 01:04:43,995 --> 01:04:48,995 Don't have an exhibit on the content in the newsletters, and the 857 01:04:48,995 --> 01:04:51,595 newspapers. 858 01:04:51,595 --> 01:04:53,195 Yes, they are exempt. 859 01:04:53,392 --> 01:04:55,392 Unless your institution interpret differently! 860 01:04:56,689 --> 01:04:57,189 (Laughs) 861 01:04:57,189 --> 01:04:57,689 Sorry. 862 01:04:57,689 --> 01:04:59,089 This is where it gets really squishy. 863 01:05:01,675 --> 01:05:03,675 But the exception dates, the compliance dates starts April 24, 864 01:05:03,675 --> 01:05:04,175 2026. 865 01:05:09,752 --> 01:05:10,952 Waple 26 2027. 866 01:05:13,173 --> 01:05:15,173 -- Or April 26, 2027. 867 01:05:15,402 --> 01:05:17,202 Anything before complaint states can fall within the exception. 868 01:05:20,150 --> 01:05:26,150 So anything after those dates most likely will need to be made 869 01:05:26,150 --> 01:05:28,150 accessible, unless the original document is from before that date. 870 01:05:36,796 --> 01:05:39,596 That was clear as mud I'm sure. 871 01:05:45,796 --> 01:05:46,296 FRANK 872 01:05:46,296 --> 01:05:47,696 FRANK SWEIS: Nancy I see your comment. 873 01:05:48,201 --> 01:05:49,401 Go for it. 874 01:05:49,565 --> 01:05:50,065 NANCY 875 01:05:50,065 --> 01:05:50,565 NANCY 876 01:05:50,565 --> 01:05:51,065 NANCY 877 01:05:51,065 --> 01:05:51,565 NANCY 878 01:05:51,565 --> 01:05:52,065 879 01:05:52,065 --> 01:05:55,065 NANCY SIMS: OK, there are two questions that to me, this is in the Q&A. 880 01:05:55,357 --> 01:05:56,957 To me look similar. 881 01:05:56,957 --> 01:05:58,757 I'm going to answer them with the Lawyerbrarian take. 882 01:06:03,391 --> 01:06:08,391 Kates Tilly -- Kate (Unknown Name) asks how would a library repository 883 01:06:08,391 --> 01:06:11,391 manager know the content in our system is being used in a course, 884 01:06:11,391 --> 01:06:17,391 and to what extent are we response before making that content 885 01:06:17,391 --> 01:06:18,391 accessible? 886 01:06:18,391 --> 01:06:20,791 We typically don't know until we look at traffic after the fact. 887 01:06:22,337 --> 01:06:27,337 And right before that, Chad Nelson has also asked if a course from an 888 01:06:27,337 --> 01:06:29,537 organization outside of my institution links to a PDF in my 889 01:06:29,537 --> 01:06:30,037 repository. 890 01:06:32,695 --> 01:06:37,695 Does that implicate my institution, or the linking institution, or 891 01:06:37,695 --> 01:06:38,195 both? 892 01:06:40,606 --> 01:06:44,606 These questions to me go to this idea of who was responsible for 893 01:06:44,606 --> 01:06:47,606 keeping track of things? 894 01:06:47,606 --> 01:06:49,806 And for that I go back to a basic legal concept. 895 01:06:52,042 --> 01:06:53,242 Which is knowledge. 896 01:06:55,103 --> 01:06:57,103 If you know, you know. 897 01:06:57,103 --> 01:06:58,703 And if you don't know, you don't know. 898 01:07:00,886 --> 01:07:02,886 And you are not typically responsible for things you don't 899 01:07:02,886 --> 01:07:03,386 know. 900 01:07:07,935 --> 01:07:09,935 There are some edge cases. 901 01:07:10,643 --> 01:07:16,643 Because if you know that some department in your school is using 902 01:07:16,643 --> 01:07:18,443 one of your older online digital collections really heavily. 903 01:07:25,603 --> 01:07:27,803 Yes, you may not know they are using one specific thing. 904 01:07:30,381 --> 01:07:31,981 But that is the sort of thing where... 905 01:07:34,366 --> 01:07:38,366 There's actually a phrase lawyers use called "Constructive 906 01:07:38,366 --> 01:07:43,366 knowledge." Where they decide they will treat you as though you knew, 907 01:07:43,366 --> 01:07:44,766 given that we can't approve you knew. 908 01:07:51,262 --> 01:07:52,862 -- Can't prove unit. 909 01:07:52,862 --> 01:07:55,262 It there was probably something you should have known it was something 910 01:07:55,262 --> 01:07:58,262 going on but were ignoring it on purpose, those with situations 911 01:07:58,262 --> 01:08:01,262 where maybe you might be response will for something you did not 912 01:08:01,262 --> 01:08:02,262 actually, really, fully, consciously know. 913 01:08:07,223 --> 01:08:12,223 If you know a whole department is pointing all their instructors at 914 01:08:12,223 --> 01:08:16,223 one online collection, you might want to have a meeting to plan how 915 01:08:16,223 --> 01:08:20,223 to target lateral collection so you can make it more accessible so 916 01:08:20,223 --> 01:08:22,223 everyone can be in compliance. 917 01:08:22,223 --> 01:08:25,223 Because the teachers at your institution will be responsible for 918 01:08:25,223 --> 01:08:27,223 some degree of compliance. 919 01:08:27,223 --> 01:08:30,023 So you can work together on that. 920 01:08:30,626 --> 01:08:34,626 People outside of your institution, you probably can't really do much 921 01:08:34,626 --> 01:08:37,026 about. 922 01:08:37,026 --> 01:08:39,026 I hope that answers what people were looking for there. 923 01:08:43,067 --> 01:08:43,567 HEIDI 924 01:08:43,567 --> 01:08:44,067 HEIDI 925 01:08:44,067 --> 01:08:46,067 SCHROEDER: There is a question from Michelle Fisher, which are 926 01:08:46,067 --> 01:08:48,067 considered licensed database content created before the combined 927 01:08:48,067 --> 01:08:51,067 status meeting the archive exception? 928 01:08:51,150 --> 01:08:56,150 I think I would probably not, but it is really important for you to 929 01:08:56,150 --> 01:08:59,150 get the interpretation of your institution. 930 01:08:59,150 --> 01:09:05,150 Remember for archived web content and must meet those for specific 931 01:09:05,150 --> 01:09:07,550 criteria. 932 01:09:07,550 --> 01:09:10,550 The last clearly be identified as being archived, which most of our 933 01:09:10,550 --> 01:09:13,550 lottery databases, if it contains older stuff, are not. 934 01:09:13,550 --> 01:09:16,750 So that's my answer to that one. 935 01:09:40,135 --> 01:09:40,635 FRANK 936 01:09:40,635 --> 01:09:41,135 FRANK 937 01:09:41,135 --> 01:09:41,635 FRANK 938 01:09:41,635 --> 01:09:42,135 FRANK 939 01:09:42,135 --> 01:09:44,935 SWEIS: Comment in the Q&A is that common look is also being used for 940 01:09:44,935 --> 01:09:45,535 PDF as well. 941 01:09:45,535 --> 01:09:47,535 That's another tool folks come look at for PDF remediation. 942 01:09:48,703 --> 01:09:50,703 Thank you for that suggestion. 943 01:09:57,922 --> 01:09:58,422 AMY 944 01:09:58,422 --> 01:10:02,422 DRAYER: This is Amy, sorry we are all reading the questions to figure 945 01:10:02,422 --> 01:10:07,422 out which ones make it each dish Mike which ones we can each 946 01:10:07,422 --> 01:10:08,422 individual answer. 947 01:10:08,422 --> 01:10:10,022 Apologies for the delay. 948 01:10:11,427 --> 01:10:13,827 I think this is a follow-up. 949 01:10:13,827 --> 01:10:16,827 Does that mean after the compliance date we cannot direct 950 01:10:16,827 --> 01:10:18,827 classes to digitize archival contents that does not meet WCAG 951 01:10:18,827 --> 01:10:19,327 2.1. 952 01:10:25,845 --> 01:10:27,045 That's one approach. 953 01:10:27,045 --> 01:10:35,045 I'm not sure if it's the best approach, but if it's going to be 954 01:10:35,045 --> 01:10:46,045 used, after April 2026 or 2010 27, -- 2027, estimate the WCAG 2.1 955 01:10:46,045 --> 01:10:47,245 Level AA requirements. 956 01:10:48,686 --> 01:10:51,686 You could just say don't use our archives, but I think that defeats 957 01:10:51,686 --> 01:10:54,486 the purpose of what a library is. 958 01:10:54,486 --> 01:10:56,886 Everyone is going to have to figure out how to approach this. 959 01:10:59,618 --> 01:11:01,418 Inside your institution, you have to make some plans. 960 01:11:03,250 --> 01:11:05,850 But if it is being pointed at for a class, that's the requirement. 961 01:11:09,897 --> 01:11:11,897 After April 2026 or 2027. 962 01:11:24,617 --> 01:11:25,117 NANCY 963 01:11:25,117 --> 01:11:25,617 NANCY 964 01:11:25,617 --> 01:11:26,117 NANCY 965 01:11:26,117 --> 01:11:26,617 NANCY 966 01:11:26,617 --> 01:11:29,617 SIMS: I'm also looking at John Dunn's question about whether 967 01:11:29,617 --> 01:11:31,017 remediation for some of our specialized content. 968 01:11:36,870 --> 01:11:40,870 What is a need for specialized knowledge in order to remediate 969 01:11:40,870 --> 01:11:42,470 might have some interaction with the new regulations. 970 01:11:45,695 --> 01:11:50,695 I think it would, I think it would go two things probably very quickly, 971 01:11:50,695 --> 01:11:53,095 go to things like undue burden. 972 01:11:53,257 --> 01:11:57,257 Could potentially go to things like fundamental alteration. 973 01:11:57,257 --> 01:11:59,057 That something to be determined at the institutional level. 974 01:12:02,910 --> 01:12:07,910 So I can't give you a concrete example of how you would consider 975 01:12:07,910 --> 01:12:11,910 this, other than yes this would be something where that would 976 01:12:11,910 --> 01:12:14,310 definitely play in to some degree. 977 01:12:20,517 --> 01:12:21,017 AMY 978 01:12:21,017 --> 01:12:22,017 AMY DRAYER: This is Amy. 979 01:12:22,017 --> 01:12:25,017 I see such a question, does this apply to exhibits? 980 01:12:25,017 --> 01:12:26,817 I am wondering if this is again a follow-up. 981 01:12:31,352 --> 01:12:37,352 First it needs to be a digital exhibit because we are talking 982 01:12:37,352 --> 01:12:39,352 about digital spaces, right? 983 01:12:39,492 --> 01:12:41,492 It has to be something after April 2026 or 2027. 984 01:12:46,236 --> 01:12:53,236 If you have an exhibit planned for May 2026, and the audience you 985 01:12:53,236 --> 01:13:01,236 service greater than 50,000 people, yes, it needs to meet WCAG 2.1 986 01:13:01,236 --> 01:13:07,236 Level AA, because it's being used and repurposed into a new 987 01:13:07,236 --> 01:13:09,836 educational opportunity. 988 01:13:21,996 --> 01:13:22,496 FRANK 989 01:13:22,496 --> 01:13:26,496 SWEIS: I want to note if we don't get to everyone's question which I 990 01:13:26,496 --> 01:13:29,696 don't think we'll be able to do at this time, we will try to look at 991 01:13:29,696 --> 01:13:32,296 the questions and send them out as written responses with the rest of 992 01:13:32,296 --> 01:13:35,296 the material. 993 01:13:35,296 --> 01:13:38,096 We do overshoot the question is coming in even if we don't get to 994 01:13:38,096 --> 01:13:41,696 them during the webinar. 995 01:13:41,696 --> 01:13:42,196 AMY 996 01:13:42,196 --> 01:13:42,696 997 01:13:42,696 --> 01:13:44,096 AMY DRAYER: There's another one for Michelle. 998 01:13:44,096 --> 01:13:46,096 It seems like the reference/research purposes 999 01:13:46,096 --> 01:13:50,096 criteria in the archived content exception contradicts the purpose 1000 01:13:50,096 --> 01:13:55,096 of the agency and service the spirit of the rule for libraries 1001 01:13:55,096 --> 01:13:57,696 specifically. 1002 01:13:57,696 --> 01:13:59,296 Does usage trump archival nature in these cases? 1003 01:14:00,561 --> 01:14:02,161 Honestly, this is something I also was really... 1004 01:14:05,888 --> 01:14:07,288 This completely contradicts what a library is. 1005 01:14:10,635 --> 01:14:12,235 In a research institution. 1006 01:14:12,281 --> 01:14:17,281 And I'm like, does that mean all of our digitized archival content 1007 01:14:17,281 --> 01:14:19,281 does not need to? 1008 01:14:19,281 --> 01:14:23,281 Unless it's being exclusively 1009 01:14:23,281 --> 01:14:24,281 used? 1010 01:14:28,822 --> 01:14:30,822 I think it's a mixed bag. 1011 01:14:30,822 --> 01:14:32,622 I hate seeing... 1012 01:14:32,622 --> 01:14:33,222 It depends right? 1013 01:14:34,844 --> 01:14:36,644 Again, I think the best approach is to prioritize. 1014 01:14:41,113 --> 01:14:43,313 Prioritized that which we know is going to be not accepted. 1015 01:14:48,013 --> 01:14:53,013 We know anything and of course, we know anything being repackaged or 1016 01:14:53,013 --> 01:14:55,613 used. 1017 01:14:55,613 --> 01:14:58,013 Then from there, maybe start working on some of the stuff that 1018 01:14:58,013 --> 01:15:01,013 is less obvious. 1019 01:15:01,013 --> 01:15:02,613 Because remember, we do need to do something. 1020 01:15:02,613 --> 01:15:04,013 We need to have a remediation process. 1021 01:15:06,362 --> 01:15:08,162 But we won't know until someone gets sued (Laughs). 1022 01:15:09,107 --> 01:15:11,507 Just how much of the archival content is going to get included. 1023 01:15:15,894 --> 01:15:17,694 I would advocate personally to have it all done. 1024 01:15:18,813 --> 01:15:20,213 We all know that's really not feasible. 1025 01:15:22,146 --> 01:15:24,946 Maybe think about that as an end goal and figure out how to get 1026 01:15:24,946 --> 01:15:25,446 there. 1027 01:15:27,254 --> 01:15:29,254 But prioritize that which we know. 1028 01:15:29,254 --> 01:15:29,754 FRANK 1029 01:15:29,754 --> 01:15:30,254 FRANK 1030 01:15:30,254 --> 01:15:34,254 SWEIS: We are at time, and we will need to wrap up for this. 1031 01:15:34,254 --> 01:15:38,254 Again we will make our materials available in the coming weeks, but 1032 01:15:38,254 --> 01:15:42,254 the recording, slides, as well as any other information we could 1033 01:15:42,254 --> 01:15:45,254 share from the webinar. 1034 01:15:45,254 --> 01:15:48,054 Thank you everyone for attending, feel free to reach out to any of us 1035 01:15:48,054 --> 01:15:49,854 if you have any questions or want to connect. 1036 01:15:49,854 --> 01:15:51,254 Thank you and have a great afternoon. 1037 01:15:51,254 --> 01:15:52,254 Live captioning by AI-Media