COPYRIGHT CHALLENGE: EXECUTIVE SUMMARY

Access to the printed word is taken for granted by those with sight. In the case of the visually challenged, however such access is oftentimes very difficult, to say the least. An attempt has been made to overcome these obstacles with the advancement of technology where new software and hardware have made it possible for the visually challenged to access the printed word.

However in India, one important barrier that remains by way of accessibility for the print disabled is the Indian Copyright Act. Across the globe, individual rights have been enshrined under the United Nation’s Declaration of Human Rights and individual national legislation. Following from this, internationally, copyright laws have been amended to keep in mind the special interests of the print disabled within the set norms of agreed international copyright frameworks (e.g. Copyright exceptions within copyright laws in the United States, United Kingdom and European Union among others).

The following paper details proposed amendments to the copyright act with reference to the visually challenged and other print disabled which would conform to the Berne Convention’s three-step process of providing exceptions in national copyright laws thereby also safeguarding the needs and requirements of the print disabled community . Given India’s unique socio-economic, cultural and linguistic mix, it is imperative that enabling clauses safeguarding the interests of the visually challenged and print disabled persons be legislated upon. These clauses would be unique to India on account of the previously mentioned diversity

What we therefore recommend is that the law be amended to include the ability to access the printed word by the print disabled. Thus the clause/s among others, should include the following:

2.1

A non-restrictive clause with regards to special format allowing the print disabled to use the most appropriate format for them. Suggested Clause could read as follows (In lieu of the present suggested clause 52 ZA):

"The adaptation, reproduction or issue of copies, or communication to the public of any work in any format, including sign language, specially designed or not, but intended exclusively for the use of persons suffering from a visual, aural or any other disability that prevents the perusal or understanding or comprehension or enhanced enjoyment of such work in their normal form."

2.2

A clause that publishers make available an alternative accessible format (preferably an e copy) to meet the special needs of the print disabled. Such a copy could be made available to central repositories or provided on demand to the print disabled and organizations working for them.

The Constitution of India’s commitment to human rights duly enshrined therein reflects India’s commitment to create an equitable and just environment for the disabled community as outlined in the National Policy for Persons with Disabilities, 2006 as well as The Persons with Disabilities Act, 1995. It is therefore, only most appropriate that the copyright law in the country be also reflect this commitment.

Download Copyright Representation by P. A. C. C.

(The file is in PDF format. If you have a problem with the file please contact us on info@xrcvc.org)

The XRCVC has also made a 7-minute awareness documentary ‘The Blind Act’ on the issue. Download film 'The Blind Act'

LEGISLATION

For more information on legislation, please visit below links

Indian Copyright Act 1957

The Delivery of Books' and Newspapers' (Public Libraries) Act 1954

“RIGHT TO READ” CAMPAIGN

The ‘Right to Read' Campaign is part of a global initiative by the World Blind Union (WBU), SightSavers International (SSI) and other organizations. In India it is being spearheaded by the Centre for Internet and Society (CIS), Daisy Forum of India (DFI), Inclusive Planet and Xavier's Resource Center for the Visually Challenged (XRCVC).

Campaign Objectives: The Right to Read campaign seeks to accelerate change in copyright law, Raise public awareness on the issue of access to reading for the print-impaired and Gather Indian support for the Treaty for the Blind proposed by the World Blind Union at the World Intellectual Property Organisation (WIPO).

The XRCVC as part of its work in the field of creating an accessible and inclusive society and promoting print access has campaigned for this cause mainly in Mumbai and Western India. The following link provides you the complete report of our “Right to Read” Mumbai Chapter Campaign..

“Right to Read” Mumbai Chapter Report