Developments In International Regime

And Indian Copyright Law

~ Right Of People With Disability To Access To

Knowledge Including Copyrighted
Materials

HANSICA MADURKAR
 Copyright
• Copyright is a legal right, that grants the creator of an original work exclusive rights to
determine whether, and under what conditions, this original work may be used by others.

• This is usually only for a limited time.

• Examples of materials entitled to copyright protection include original works of fiction,

non-fiction, music, architectural design, artistic paintings, and sculptures.

• The exclusive rights are not absolute but limited by limitations and exceptions to
copyright law, including fair use.
 What is Copyright Law?

• Copyright law is the area of law that protects the right of authors, artists and creators to profit
from their work. The purpose of copyright law is to encourage people to make creative works.
Lawmakers believe that people are more likely to invest the time and effort to make creative,
artistic works if they know they’re going to have the exclusive right to profit from those works.
 Copyright Act 1957

• The Copyright Act 1957 governs the subject of copyright law in India. The Act is applicable
from 21 January 1958.

• The Copyright Act 1957 was the first post-independence copyright legislation in India and
the law has been amended six times since 1957.The most recent amendment was in the
year 2012, through the Copyright (Amendment) Act 2012.
 COPYRIGHT- A BARRIER
• Copyright Law, which protects the rights of many on one hand, has become a barrier to
access information on the other hand. Many developing countries have no provisions in
their National Copyright Laws for people who are visually or print disabled, resulting in the
restriction or blockage of access to information for persons with sensory disabilities, thus
overriding their fair use rights.

• Many of such disabled people are distant learners because of their inabilities.
• Copyright constitutes one of the most challenging barriers in the access to information of persons with
sensory impairments.

• There are many situations where copyright can limit the way that people with disabilities access and
make use of protected work. For example, a visually impaired user may need to convert the text of a
book into a format compatible with screen reading software, a process that would require making a copy
of the original work in its entirety.
• There is therefore an obvious conflict between these two areas of law. On the one hand those with
disabilities have a fundamental right to access information, but on the other hand the author of a
copyright work has the right to control the copying of their work, something which may be a
necessary step in making a work accessible to those with a particular impairment.

• The disability exceptions aim to resolve this conflict, subject to certain limitations.
 Adoption of the Marrakesh VIP Treaty

• One international treaty directed to making works more accessible is the Marrakesh Treaty to Facilitate Access

to Published Works by Visually Impaired Persons and Persons with Print Disabilities (“Marrakesh VIP Treaty”).

• It requires Contracting Parties to introduce a standard set of limitations and exceptions to copyright rules in

order to permit reproduction, distribution and making available of published works in formats designed to be

accessible to VIPs, and to permit exchange of these works across borders by organizations that serve those

beneficiaries.

• An example of such formats is Braille, through boundaries and exceptions to the rights of copyright holders.
• The Treaty clarifies that beneficiary persons are those affected by a range of disabilities that interfere

with the effective reading of printed material. The broad definition includes persons who are blind,

visually impaired, or print disabled or persons with a physical disability that prevents them from

holding and manipulating a book.

• India became the first nation to approve the Marrakesh Treaty for facilitating access to the published

works for blind people, the ones who are visually impaired, or are otherwise print disabled.

• On June 28, 2013 the Marrakesh Treaty was signed by 51 countries, to facilitate the creation of

accessible copyrighted works for the disabled.

 India’s Copyright Amendment Act 2012

• India’s Copyright Amendment Act No. 27 of 2012 updates and consolidates copyright law and
opens up possibilities for persons with disabilities to gain access to information and to make
accessible formats available to them without a license. Among its special provisions for the
benefit of persons with disabilities is foremost a wide and inclusive exception of copyrights.
The Act envisages three activities:

• Conversions by the disabled person for his/her own use and for sharing with others in the community

• Conversions by third parties working for the benefit of the disabled on a non-profit basis. As long as the
converter (any person or organisation) operates on a non-profit basis and ensures that converted formats are
only accessed by persons with disabilities, § 52(1) permits the conversion of a copyrighted work to any
accessible format.

• Conversions by for-profit organisations: For the for-profit conversion, the entity can apply for a compulsory
license under §31(B). The Copyright Board has to dispose such application within a period of two months
from the date of receipt of application.
 Rules and limitations
• Limitations: The books reproduced in accessible formats under Sec. 25(1)(zb) shall be for only private or
personal use, or for educational or research purposes and not for use on a profit-basis. The person or
organization providing such accessible formats are obligated to ensure the converted formats do not enter
the mainstream business channels.

• Section 31(b): Since Sec. 52(1) prohibits conversion of copyrighted works on a profit basis, any person or
an organisation working for the benefit of disabled persons on a profit basis or for business can undertake
conversion and distribution by applying for a license from the Copyright Board in accordance with the
procedure laid down in this section.
Thank-You