Copyright bda int2014-il

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Changes in the copyright law as presented by Ian Litterick at the BDA International Conference

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  • 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

    1. 1. Changes in Copyright Law benefit dyslexic people: E-books and digital learning materials symposium: Ian Litterick iansyst Ltd BDA International Conference Fri Jan 28 2014
    2. 2. Copyright history:  1709 Statute of Anne;  Copyright effectively meant right to distribute as to make a copy required a considerable investment;  Now “copying” is work of an instant, and of no significance;  Should now be called “distribution right”?
    3. 3. 2002 Copyright exception:  UK Copyright (Visually Impaired Persons) Act 2002:  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).
    4. 4. Copyright anomaly:  Not dyslexia;  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. . .
    5. 5. New amendments March 2014  Gowers Review 2006;  Hargreaves Review 2011;  Consultations;  Multiple R2R meetings;  Amendments now imminent (?)
    6. 6. Private Copying Exception:  Consultation text: 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.]
    7. 7. Disability Exceptions: 31A Disabled persons – making copies of copyright works for personal use (1) This section applies where a person (“the disabled person”) (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.
    8. 8. Disability Cont: (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 persons generally (1) This section applies where an educational establishment or a body not conducted for profit:
    9. 9. Disability: 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.
    10. 10. Issues still to know:  When?  Process should be: new regulations laid before parliament – less debate than full legislation.  “the regulations will be different in light of the valuable consultation process.”  Technical Protection Measures (DRM)?  Able to limit by contract?
    11. 11. International Copyright:  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.
    12. 12. Further reading  Current position on Copyright reforms  http://www.ipo.gov.uk/types/hargreaves /hargreaves-copyright/hargreaves- copyright-techreview.htm  Marrakesh Treaty:  http://www.wipo.int/treaties/en/text.js p?file_id=301016  http://www.daisy.org/planet-2013-08

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