heartiest congratulations. thanks for being so precise and clear.
may GOD bless and give you strength to do the same more and more.
----- Original Message -----
From: "Xavier's Resource Centre for the Visuall St. Xavier's College"
<[email protected]>
To: <[email protected]>
Sent: Wednesday, May 23, 2012 5:33 PM
Subject: [AI] Clarification on the significance of Copyright Law Amendment
Dear All
On going through the various threads with regards the Amendment to the
Copyright Law in terms of what it gives and what it does not give print
impaired persons, I would like to clarify so that the discussion is not
based on speculation. The following FAQ would be useful:
1. Who benefits? All print impaired persons be they totally blind, low
vision, learning disabled or orthopedically challenged in certain ways are
covered by this clause.
2. What can be done now that was not possible earlier? Print impaired
individuals, or authorised service providers / organisations can suitably
modify a work under Copyright so as to make it accessible to meet the
specific needs of the print impaired person concerned. This means that a
standard printed book, for example may be converted to an alternate format
(not necessarily a special format) including Braille, large font, text
readable by screen reader, audio (be it synthetic audio or human voice
recording) without seeking the permission of the rightsholder.
3. How is this different? In the past, any alternate format creation could
have been defined as an infringement unless it was backed up by prior
written permission from the rightsholder. One had to seek the permission if
one had to be on the right side of the law. Now thankfully we do not need
permissions.
4. Are thee any restrictions? Yes, there are reasonable restrictions such as
- conversion should be a not for profit activity. In case it is a for profit
activity, there is a separate clause under which a special license can be
obtained.
- the beneficiaries has to be a bonafide print impaired person or
organisations that serve them.
- reasonable precaution need to be taken by all that the accessible copy is
not misused commercially.
5. Does this mean that the publisher has to give soft copy? No. The
copyright law does not cover the delivery of books which is the perview of
another department and another law. We are planning to take it up as well.
For the present, these exemptions allows an existing work which is not
accessible to be made accessible without permission.
6. Can accessible copy be shared? Effectively yes, as long as it is not
misused for commercial purposes and is available to print impaired persons
only.
7. What is the wording of the clause?
It runs as follows.
Section 52 (1)The following act shall not be an infringement of copyright,
namely:
(zb) the adaptation, reproduction, issue of copies or communication to the
public of any work in any accessible format, by —
(i) any person to facilitate persons with disability to access to works
including sharing with any person with disability of such accessible format
for private or personal use, educational purpose or research; or
(ii) any organisation working for the benefit of the persons with
disabilities in case the normal format prevents the enjoyment of such works
by such persons:
Provided that the copies of the works in such accessible format are made
available to the persons with disabilities on a nonprofit basis but to
recover only the cost of production:
Provided further that the organisation shall ensure that the copies of works
in such accessible format are used by persons with disabilities and takes
reasonable steps to prevent its entry into ordinary channels of business.
Explanation. For the purposes of the sub-clause, “any organisation” includes
an organization registered under section 12A of the Income Tax Act, 1961 and
working for the benefit of persons with disability or recognized under
Chapter X of the Persons with Disabilities (Equal Opportunities Protection
of Rights and Full Participation) Act, 1995 or receiving grants from the
Government for facilitating access to persons with disabilities or an
educational institution or library or archives recognized by the Government.
Hope this clarifies many doubts. Happy reading.
Dr. Sam Taraporevala
Director
------------------------------------------------------------------------------------
Xavier's Resource Centre for the Visually Challenged (XRCVC)
St. Xavier's College, 5 Mahapalika Marg
Mumbai - 400001
+91 22 22620661-5 (extn: 366)
+91 22 22623298 (direct)
+91 9967028769 (mobile)
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