Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities, Marrakesh, June 17 to28 2013.
Copyright bda int2014-il
Changes in Copyright Law
benefit dyslexic people:
E-books and digital learning materials
BDA International Conference
Fri Jan 28 2014
1709 Statute of Anne;
Copyright effectively meant right to
distribute as to make a copy required a
Now “copying” is work of an
instant, and of no significance;
Should now be called “distribution
2002 Copyright exception:
UK Copyright (Visually Impaired Persons)
VI Exception to create accessible formats;
Single copy for personal use;
Approved bodies can make multiple copies;
Includes physical disability;
Amendment to: Copyright, Designs and
Patents Act 1988 (CDPA).
Dyslexia covered by Copyright Licensing
Agency (CLA) – in, eg, education licence.
Legally still, just (?), the case today;
Right to Read Campaign;
So the news is much better. . .
New amendments March 2014
Gowers Review 2006;
Hargreaves Review 2011;
Multiple R2R meetings;
Amendments now imminent (?)
Private Copying Exception:
28B Private copying
(1) Copyright is not infringed where an individual uses a
copy of a copyright work lawfully acquired by him to make
a further copy of that work provided that:
(a) the further copy is made for that individual’s private use
for ends that are neither directly nor indirectly commercial;
(b) the copy from which the further copy is made is held by
the individual on a permanent basis (for example it is not a
copy that is rented to the individual for a specified period or
borrowed from a library); and
[(c) the making of the further copy does not involve the
circumvention of effective technological measures applied to
the copy from which it is made.]
31A Disabled persons – making copies of copyright works
for personal use
(1) This section applies where a person (“the disabled
(a) has lawful possession or lawful use of a copy of the whole
or part of a copyright work (“the work”);
(b) by reason of physical or mental impairment does not by
using that copy have the same level of access to the work as a
person who does not have that physical or mental impairment;
(c) copies of the work are not commercially available on
reasonable terms with the authority of the copyright owner in
a form which would give the disabled person same level of
access to the work as someone who does not have the physical
or mental impairment.
(2) Where this section applies, copyright is not
infringed by the use of the copy referred to in
subsection 1(a) to make a copy of the work for
the personal use of the disabled person in a form
that enables the disabled person to have
improved access to the work.
31B Making accessible copies for disabled
(1) This section applies where an educational
establishment or a body not conducted for profit:
31B Making accessible copies for
disabled persons generally
(1) This section applies where an
educational establishment or a body
not conducted for profit:
-- Similar arrangement to current
Copyright Licencing Agency (CLA)
licence, but no licence needed.
Issues still to know:
Process should be: new regulations laid
before parliament – less debate than full
“the regulations will be different in light
of the valuable consultation process.”
Technical Protection Measures (DRM)?
Able to limit by contract?
Similar disability exceptions world-wide;
WIPO (World Intellectual Property Organisation)
Marrakech Treaty 2013;
“to Facilitate Access to Published Works by Visually
Impaired Persons and Persons with Print Disabilities”;
“. . .(b) has a visual impairment or a perceptual or
reading disability which cannot be improved to give
visual function substantially equivalent to that of a
person who has no such impairment or disability and so is
unable to read printed works . . .
But Benetech/Bookshare are happy it covers dyslexia. . .
Yet to be ratified. Needs 20 to come into effect.
Current position on Copyright reforms