See also the online discussion Why are non-radio reading services not in violation of copyright infringement in the U.S.?
IMPORTANT
These interpretations, both on the link above and in the sections below, are not coming from legal scholars; the authoritative text is the content of the laws cited above.
17 U.S. Code §110(8) - Limitations on exclusive rights: Exemption of certain performances and displays
This is quite short so quoting it here in full (re-formatting and links mine):
Notwithstanding the provisions of section 106, the following are not infringements of copyright:
[…]
(8) performance of a non-dramatic literary work,
by or in the course of a transmission specifically designed for and primarily directed to blind or other handicapped persons who are unable to read normal printed material as a result of their handicap,
or deaf or other handicapped persons who are unable to hear the aural signals accompanying a transmission of visual signals,
if the performance is made without any purpose of direct or indirect commercial advantage and
its transmission is made through the facilities of:
- (i) a governmental body; or
- (ii) a noncommercial educational broadcast station (as defined in section 397 of title 47); or
- (iii) a radio subcarrier authorization (as defined in 47 CFR 73.293, 47 CFR 73.295, 47 CFR 73.593, 47 CFR 73.595 (?)); or
- (iv) a cable system (as defined in section 111(f));
17 U.S. Code §121 - Limitations on exclusive rights: Reproduction for blind or other people with disabilities
Reading services (such as Access News) may re-produce and distribute literary works in an accessible format without express permission from copyright owners, if
-
only eligible persons are able to access it
(e.g., a blind person can listen to newspaper articles through a phone system where they have to register first and prove that they are legally blind) -
there is a notice that further re-production and/or distribution is a copyright infringement
(e.g., re-recording the playback of an article, and posting it online) -
the name of the copyright owner and the date of the publication is clearly presented
(e.g., when you are reading an article, you usually state which newspaper or magazine it is from, and when the article was published)
17 U.S. Code §121A - Limitations on exclusive rights: reproduction for blind or other people with disabilities in Marrakesh Treaty countries
This paragraph acknowledges the U.S. ratification of the Marrakesh Treaty which
provides for the exchange of accessible-format books across international borders by organizations that serve people who are blind, visually impaired, and print disabled.
“Copies” and “phonorecords”
§121 and §121A apply to “copies” and “phonorecords”, both of which are defined as “material objects” - but Access News only works with audio recordings, so how is this legal?
The short answer is that audio files qualify as material objects according to the U.S. copyright law.
The long answer is in this thread.