Open Access Research Article
VISION BEYOND WORDS: BRIDGING ACCESS TO COPYRIGHTED CONTENT FOR THE VISUALLY IMPAIRED COMMUNITY
Published Paper
Article Details
VISION
BEYOND WORDS: BRIDGING ACCESS TO COPYRIGHTED CONTENT FOR THE VISUALLY IMPAIRED
COMMUNITY
AUTHORED BY - G. S. SELMA
INTRODUCTION:
“Education
is not a privilege, it is a right!”
- William Jefferson Clinton, Former President
of USA
Education is a significant step
towards achieving all other basic human rights. Education may help alleviate
poverty and social disparities, empower women and other marginalized groups,
minimize discrimination, and ultimately enable individuals to live their lives
to the fullest. In education, accessibility may be thought of as a two-way
mirror. On the one hand, it's important to improve students' access to course
materials. But, for learners' potential to be completely fulfilled, instructors
must have access to their entire capabilities. In order for everyone to have
access to education, they must be able to do so regardless of their
socioeconomic standing, race, gender, sexual orientation, ethnicity, or
physical or mental disability. Access rights are both rights to liberty and
rights to welfare. In other words, a person's information rights impose
obligations on governments to allow access to information.[1]
INTERNATIONAL INSTRUMENTS ON RIGHT
TO EDUCATION
·
TRIPS
Agreement
According to Article 13 (Limitations and Exceptions), Members
must limit any restrictions or exceptions to exclusive rights to situations in
which:
? they do not interfere with the regular utilization of the
work; and
? they do not unnecessarily prejudice the legitimate
interests of the right holder.
This article applies to all
exceptions to the rights of a copyright owner. The wording of Article 13 has
roots in Article 9(2) of the Berne Convention, which allows exceptions to the
exclusive right of reproduction given by copyright law. Taking into account
these exceptions allowed under the Berne Convention, national copyright laws
have permitted wide-scale exceptions such as use for private, non-profit, or
educational purposes.
?
Article
10 of the WIPO Copyright Treaty: (Limitations and Exceptions)
Contracting Parties may, in their
national legislation, impose limitations or make exceptions to the rights
granted to authors of literary and artistic works under this Treaty in certain
exceptional situations that do not conflict with exploitation of the work and
do not unreasonably interfere with the author's legitimate interests.
While
implementing the Berne Convention, contracting parties must limit any
restrictions or exceptions to rights to specific, unique situations that do not
interfere with the regular exploitation of the work and do not unreasonably
prejudice the author's legitimate interests.
?
Universal
Declaration of Human Rights :
Article 26 -
The right to education belongs to
everyone. At the very least, the fundamental and early phases of education must
be free. It is required to complete elementary school. On the basis of merit,
everyone should have equal access to higher education, and technical and
professional training should be freely available.[2]
?
International
Covenant on Economic, Social and Cultural Rights Article 13 -
This Article is the Covenant's
longest piece and provides substantial restrictions on several
education-related subjects. The article defines some criteria for basic,
secondary, advanced, and higher education (Article 13(2)). In addition, it
outlines general principles that apply to all educational levels and outlines
the purposes that education should fulfill.[3]
STATUTORY
PROVISIONS IN INDIA:
1. The Constitution of India
? All children between the ages of six
and fourteen are required to receive a free, obligatory education, according to
Article 21A.
? The right to work, education, and,
in some cases, public assistance is provided under Article 41.
? Children have a right to free and
compulsory education, according to Article 45.
2.
The Rights of Persons with Disabilities Act, 2016
? Section 4 states that the
appropriate government and local authorities must take action to guarantee that
women and children with disabilities are able to exercise their rights in a
manner that is equal to that of other persons.
? Section 16 states that Educational
institutions must offer children with disabilities with inclusive education.
? Section 17 empowers to take
Particular steps to encourage and support inclusive education
? Section 31 states that children with
benchmark disabilities are eligible for free education
HISTORY OF MARRAKESH TREATY:
The Treaty aims to help those who
lack access to traditional print materials end their "book famine." The
World Blind Union estimates that 90% of copyrighted works were not produced in
accessible versions prior to the commencement of this treaty. This percentage
falls to about 1% of published content in poorer nations.
Before the signing of this treaty, one-third
of the nations offered a copyright exemption that permitted the sharing of
works with individuals with disabilities without the owner's consent.
Even though these copyright
exceptions were provided, individual nations refused to exchange materials. For
instance, if Spain has 100,000 accessible books and Argentina has 25,001, it is
illegal to transfer the accessible books from Spain to Argentina.
The copyright exceptions that
existed were not always uniform in nature.The Chafee Amendment, which is in
effect in the US, among other things, permits the National Library Service for
the Blind and Print Disabled to function. But, prior to the treaty, previously
published non-dramatic literary works were covered by this copyright exception.
A treaty's objective is to establish a single set of guidelines to aid in the
sharing of all kinds of works across international boundaries.[4]
? The WIPO Standing Committee on
Copyright and Related Rights, under the direction of Judith Sullivan, undertook
a research on copyright restrictions and exceptions for the visually impaired
in 2006.
? The discussions focused on how to
comply with the United Nations Convention on the Rights of People with
Disabilities by providing access to works for people who are visually impaired,
and print challenged. One of the difficulties experienced by persons who are
blind, visually impaired, or otherwise print challenged, particularly in
developing nations and least developed countries, is the lack of commercially
available works in accessible format copies in marketplaces.[5]
?
After
that, during the WIPO's 18th Standing Committee on Copyright and Related Rights
(SCCR) in 2009, Brazil, Ecuador, and Paraguay presented the WIPO with a
proposal for the Treaty.
?
The
proposed treaty allowed the cross-border flow of accessible formats and
established minimal requirements for copyright exceptions. As a result, the
Forty-second WIPO General Assembly resolved to hold a diplomatic conference in
June 2013 to discuss restrictions and exceptions for those who are visually
impaired or having print disabilities
?
The
Marrakesh Treaty was approved by the Diplomatic Conference on June 27, 2013. It
aims to make it easier for those who are blind, visually impaired, or otherwise
print disabled to access published works.
?
The
Universal Declaration of Human Rights (UDHR) and the United Nations Convention
on the Rights of People with Disabilities' fundamental human rights principles
are upheld by the treaty (UNCRPD).[6]
MARRAKESH
TREATY:
On June 27, 2013 The Marrakesh
Treaty was adopted in Marrakesh, and it forms part of the international
copyright treaties administered by the World Intellectual Property Organisation
(WIPO).Its principal objective is to provide a set of legal constraints and
exceptions for the benefit of the blind, visually impaired, and other
print-disabled people. It has an obvious humanitarian and social development
component (VIPs). Its introduction was prompted by the increased awareness of
the issue known as a "book famine," in which there are a dearth of
books released in accessible formats for people who are blind or visually
impaired.
The
Marrakesh Treaty obliges the contracting parties to establish restrictions and
exemptions to copyright legislation that would facilitate access to printed
works in accessible forms like Braille and digital audio files for people with
these types of print impairments. Moreover, it specifies guidelines for the
cross-border exchange of copies in such accessible formats. On July 24, 2014,
India became the first nation to sign the treaty. Particularly in the digital
context, these carefully crafted restrictions and exclusions do not expressly
make it easier for those who are blind, visually impaired, or otherwise
print-disabled to access the works.
MAIN
PROVISIONS OF THE TREATY:
Understanding the Marrakesh Treaty's
scope and applications depends on knowing the definitions it provides. These
definitions make it clear who will be entitled to the restrictions and
exemptions set forth in the Treaty (referred to as "beneficiaries"),
what can be made accessible (referred to as "works"), and the forms
into which such works may be converted (referred to as "accessible
formats").
? A "beneficiary" is someone
who has one or more of a range of disabilities that make it difficult for them
to read printed material well.This wide definition includes both those who are
physically unable to grasp and manipulate a book, such as those who are
visually challenged. (Article 3)
? Insofar as "works" refers
to things that the "beneficiary" would not be able to read or access
without an alternate or accessible format, the definitions of "works"
and "accessible format copy" are closely linked to the idea of
beneficiaries.The Contracting Parties have decided that audiobooks are included
in the definition of "works" under the Treaty, which is confined to
resources in the form of text, notation, and/or relevant illustration.. [Article 2(a)]
? Any format that enables a person
with a vision impairment or other print disability to have access to the
material as practically and comfortably as a person without such a disability
is included in the definition of "accessible format copy," which is
rather broad and includes digital forms. [ARTICLE
2(b)]
? The Marrakesh Treaty acknowledges the
crucial role that governments and nonprofit groups play in ensuring that people
with print impairments have access to publications in alternative formats. In
order to help the "beneficiaries," the Treaty permits these groups to
carry out some actions that are otherwise illegal under copyright law.
? According to the Marrakesh Treaty,
"authorised entities" must adhere to certain rule while using the
work. For instance, they must make sure that only those people who are
"beneficiaries" under the Treaty have access to copies in accessible
formats. The Marrakesh Treaty does not specify any formalities or processes
that must be followed in order for an organisation to be recognised as a
"authorised entity”.[ Article 2(c)]
The
essence of the Treaty is included in Articles 4, 5, and 6:
Article 4:
This Article provides for the
mandatory Limitations & Exceptions that state parties should enact in their
domestic legislation. Such provisions should be “a limitation or exception to
the right of reproduction, the right of distribution, and the right of making
available to the public as provided by the WIPO Copyright Treaty (WCT), to
facilitate the availability of works in accessible format copies for
beneficiary persons”.
In addition to this compulsory
provision, national laws may include Limitations & Exceptions "to the
right of public performance to facilitate access to works for beneficiary
persons". And then it sets out the manner in which national legislation
can implement the requirements of Article 4(1).
Under this provision, authorized
entities should be permitted to make an accessible format copy of a work,
obtain copies of such works from another authorized entity, and distribute
those copies to beneficiary persons and authorized entities in other countries
provided that four conditions are met. These conditions are that,
a) The legal
availability of the work or a copy thereof shall serve as the foundation for
all actions;
b) the
remediation of the work into an accessible format "should not introduce
modifications other than those necessary to make the work accessible to the
benefit person";
c) resultant
accessible format copies are for the exclusive use of beneficiary persons; and
d) the
activity is undertaken on a nonprofit basis.[7]
Article 5: Cross-Border Exchange of Accessible Format Copies
If an accessible format copy is made
under a limitation, or exception, or by operation of law, the Contracting
Parties shall stipulate that an authorized entity may distribute or make that
accessible format copy available to a beneficiary person or an authorized
entity in another Contracting Party.
Article
6: Importation of Accessible Format Copies
To the extent that a Contracting
Party's national law allows a beneficiary person to make an accessible format
copy of a work, that Contracting Party's national law also allows them to
import an accessible format copy for the benefit of beneficiary persons without
the authorization of the rights holder.
Article
10: General Principles on Implementation
Contracting Parties agree to take
the steps necessary to ensure the application of this Treaty and carry out
their rights and obligations under it through specific limitations or
exceptions for the benefit of beneficiary persons, additional limitations or exceptions,
or a combination of them, within their national legal system and practice.
These may include judicial,
administrative, or regulatory decisions for the benefit of beneficiary persons
as to fair practices, dealings, or uses to satisfy their needs, in accordance
with the rights and obligations of the Contracting Parties under the Berne
Convention, other international treaties, and Article 11.[8]
Article
11: General Obligations on Limitations and Exceptions
This
Article enunciates the requirements of the Three-step Tests, as set out in the
Berne Convention, the TRIPS Agreement, and the WIPO Copyright Treaty.[9]
Three-Step Test:
A member
country must comply with the three step test in line with its obligations under
other copyright conventions, treaties and agreements. The three steps of the
test include:
1. The exception or limitation must be
a special case;
2. The exception or limitation does not
conflict with the normal exploitation of the work; and;
3. The copyright holder's legitimate
interests are not adversely affected by the exemption or limitation.
THE ACCESSIBLE BOOKS CONSORTIUM:
One
initiative to operationally implement the Marrakesh Convention is the ABC. It
is a public-private cooperation, and the WIPO is leading it. The mission of ABC
is to expand the number of books available to those who are blind, have limited
vision, or are otherwise print-disabled across the world in accessible forms
such braille, audio, e-text, and large print. By allowing libraries that serve
the print disabled to exchange materials in their collections, the ABC Global
Book Service eliminates the requirement (and expense) of transferring their
collections to accessible versions. As of now, the Consortium holds over six
lakhs books in accessible formats in over 80 languages in 93 partnered
libraries that are available without legal formalities to the beneficiaries and
organizations that assist such people.[10]
BENEFITS
OF ADHERENCE:
Increased
access to books, periodicals, and other printed materials for the global community
of people with print impairments is the Marrakesh Treaty's one common objective
and advantage. In all the nations where it is implemented, particularly
developing and least developed nations, where the majority of people with print
impairments reside, it is predicted that the Treaty will have real positive
benefits. Anticipated benefits include:
1.
Improved
awareness of the challenges faced by the print-disabled community and persons
with disabilities:
The Marrakesh Treaty is a tool for
promoting dialogue and increasing awareness about the demand for laws that
support people with disabilities. For instance, the adoption of the Marrakesh
Treaty might open up employment opportunities for people with different sorts
of impairments or inspire more UNCRPD implementation efforts in support of the
larger group of people with disabilities.
2. Greater access to education:
There is no denying the vital
function that education plays in society and the enormous influence it has on a
person's life. People with print impairments must have access to educational
resources in accessible forms in order to pursue educational opportunities. The
availability of content in accessible formats is also necessary for educational
institutions to provide their services to people with print difficulties.
To ensure that people with print
impairments have equitable access to education, the Marrakesh Treaty will
increase the supply of educational resources in accessible formats.
Equal access to accessible sources
of knowledge and information is essential for involvement in culture and social
inclusion as well as learning. The Marrakesh Treaty will promote greater
inclusion and engagement of people with print disabilities in the cultural and
social life of their communities by enhancing access to both educational and
recreational resources. To ensure that people with print impairments have
equitable access to education, the Marrakesh Treaty will increase the supply of
educational resources in accessible formats.
4.
Poverty
alleviation and increased contributions to the national economy:
Education
level has a significant impact on one's professional progress. The Marrakesh
Treaty's implementation can be a potent tool for reducing poverty by granting
access to educational materials in inaccessible formats, giving people with
print disabilities opportunities for professional advancement, enabling them to
contribute to their local economies, and enabling them to achieve economic
independence. Additionally, the Marrakesh Treaty will strengthen local
publishing industries and increase investment in copyright industries, which
are important drivers of economic growth and development by increasing the
focus on accessible format works and enhancing the certainty about the system for
their production and distribution under national copyright laws.[11]
MATERIALS MATTER?
i.
To ensure that all people live decent lives and are
treated with dignity, human rights are meant to be acknowledged and upheld. The
problem of blind, visually impaired, and other reading-disabled people having
access to copyrighted content is crucial because it has a significant impact on
a number of their human rights.
ii.
Almost all of the VIPs' human rights are affected by
their inability to access books and
other reading materials protected by copyright since, as is commonly
acknowledged, human rights are indispensable and interrelated.
iii.
The degree of a visually impaired kid's equality of
access to copyrighted content relative to his or her peer group will determine
how well the child will do academically and, as a result, professionally,
economically, socially, and culturally once they enter primary school.As a
result, while discussing a VIP's right to access copyrighted works, we should
first take into account their right to be free from discrimination, which is
upheld by equal access.
iv.
Information is very important in today's world, and
because intellectual property rights have grown through time, a lot of
information in its many forms—literature, academic materials, manuals, other
know-hows, news, scientific discoveries, etc.—is protected by copyright laws.
v.
The greater accessibility for persons who are visually
impaired to copyrighted information is important since it implies that a range
of areas of people's life are touched by this protection in the sense of
access.
vi.
The rights of individuals with disabilities are as
protected by the law as those of other people. These individuals are covered by
all international laws and fundamental human rights since they are all
"universal in scope and implicitly include persons with impairments within
its framework." It is vital that persons with visual impairments have
better access to copyrighted content since this protection has an impact on
people's lives in terms of access.[12]
India is a
member and signatory of many international organizations, conventions,
agreements and treaties like World Intellectual Property Organisation (WIPO),
Berne Convention, TRIPS Agreement, Marrakesh Treaty etc. so in order to bring
the Act into compliance with India’s international commitments the Copyright
Act of 1957 was amended several times in 1983, 1984, 1992, 1994,1999 and 2012.
Prior to 2012, the Indian Copyright Act of 1957 did not contain any specific
exceptions for the benefit of the visually impaired/blind. The change came with
the Copyright (Amendment) Act of 2012 that allows for adaptation, reproduction,
issue of copies or communication to the public of any work in any accessible
format. The Indian Copyright (Amendment) Act, 2012 is in harmony with the
Marrakesh Treaty.
Section
52 - Certain acts not to be infringement of copyright.
Under Indian regime legal framework
being the Copyright Act, 1957, section 52 lays down certain acts or works that
cannot be considered as an infringement of copyright namely fair
dealing with a literary, dramatic, musical
or artistic work not being a computer program for the purposes of-
i.
“private or personal use, including research;
ii.
criticism or review, whether of that work or of any
other work;
iii.
the reporting of current events and current affairs,
including the reporting of a lecture delivered in public.
The provisions in fair dealing or
fair use did not satisfy the need for the accessibility of copyrighted
materials hence in 2012 the Copyright Act, 1957 was amended and introduced
Section 52(1) (zb).
According to
this Section, the creator of a copyrighted work is given the only right to use,
reproduce, etc.; nevertheless, there are a few instances in which a copyrighted
work may be used, copied, or reproduced without the owner's permission.
According to the Act, making accessible format copies or giving them to people
with disabilities would not constitute a copyright infringement on the part of
anybody or any organisation working for the benefit of people with disabilities
and doing so on a non-profit basis.
Moreover, the section stipulated
that the works reproduced in accessible forms under Section 52(1) (zb) may only
be used for private or personal use, or for educational or research purposes,
and not for commercial gain.
The provider of such accessible
formats has a responsibility to make sure the transformed formats do not find
their way into conventional commercial channels.[13]
Super
Cassette Industries Ltd. Vs Humar Television Network Pvt. Ltd[14]
The Delhi High Court accurately laid
down the general legal standards governing "fair dealing" in this
case as follows:
1) Determining the precise parameters
of fair dealing is neither possible nor advisable,
2) The public interest and what the
public is interested in need not be the same.
3) It is a matter of fact, degree, and
the overall impression borne by the court.
4) The right to make fair use of or to
treat the copyrighted work fairly includes thefreedom to critique not just the
copyrighted work's style but also its guiding principle or concept. Criticism
in this sense may be both "strong" and "unbalanced." Such
critique won't automatically nullify the defence of fair dealing,
5) When deciding whether to award an
injunction, the user's motivation must be taken into consideration.
6) "Transformative use" of a
copyrighted work may be considered appropriate in some circumstances.
Since the
conversion of copyrighted works on a profit-making basis is prohibited by
Section 52(1)(zb), anyone or an organisation working for the benefit of
disabled people on a profit-making basis or for business is permitted to
convert and distribute works by applying for a licence from the Copyright Board
in accordance with the procedure outlined in Section 31 B.
According to this Section, any person
working for the benefit of disabled people on a for-profit basis or for
business may apply to the Appellate Board for a compulsory licence to publish
any work in which copyright exists for the benefit of disabled people in the
form and manner specified by the Act and regulations.
It is important to note that neither
the Copyright Act nor the Indian Constitution define "person with
disability" in detail. Yet, neither the definition of an accessible format
nor the standards for fair use or fair dealing are stated directly in the
Copyright Act. The void left by the Copyright Act is best filled by the law
created by the courts. The judiciary viewed the current system of intellectual
property rights law as being consistent with the public interest as well as the
State's public policy objectives.[15]
Penguin Books Ltd. Vs Mls India
Book Distributors[16]
In this case Justice Rohtagi
observed: “Copyright is a property right, throughout the world retarded as a
form of property worthy of special protection in ultimate public interest. The
law starts from a premise that protection must be as long as broad as possible
and should provide only those expectations, limitations which are essential in
public interest.”
Civic
Chandran v. Ammini Amma[17]
It is a landmark decision in Indian
copyright law, determined by the Kerala High Court, in which the court declared
that under the fair dealing exemption, even considerable copying of copyrighted
material is acceptable if the copying is in the public interest.
OTHER
INITIATIVES IN INDIA:
India has begun its implementation
of the Marrakesh Treaty into its domestic laws through a multi-stakeholder
approach: collaboration with key players i.e. governmental bodies, authorized
entities,etc
?
The
Accessible India Campaign:
The
Accessible India Campaign (Sugamya Bharat Abhiyan) Is a benchmark for universal
access of accessible material for the visually impaired persons.It was launched
by the Prime Minister of India on the International Day of Persons with
Disabilities on 3rd December 2015.The vision of the Accessible India Campaign
is to create a barrier-free environment for an independent, safe and dignified
living of Persons with Disabilities. It aims at Enhancing the proportion of
accessible and usable public documents and websites that meet internationally
recognized accessibility standards.[18]
?
Sugamya Pustakalaya:
This has led
to the launch of Sugamya Pustakalaya, India's Largest collection of online
accessible books with over 200,000 volumes of material. This library has been
created by DAISY Forum of India to provide access to books to persons with
print disabilities.It is hoped that SugamyaPustakalaya will soon become a
member of the ABC BookService, thereby joining an international library-to-library
service managed by WIPO in Geneva.This is a collaborative effort of TCS ,Daisy
Forum and NIEPVD (National Institute for the Empowerment of Persons with Visual
Disabilities) , Government of India to end the book famine faced by people with
print disabilities.[19]
?
The
Accessible Books Consortium (ABC):
The
Accessible Books Consortium signed a Memorandum of Understanding with Saksham,
a non-governmental organization serving persons who are visually impaired, for
the production of approximately 180 educational books in accessible formats and
offering reading assistant devices at a subsidized cost for senior high school
students in the Indian states of Bihar, Madhya Pradesh and Rajasthan.
?
Digital
Rights Management Amazon Kindle Book:
This treaty
allows unlocking of DRM Amazon Kindle Book which can then be reproduced in
Braille format and made available to the beneficiaries without the prior
consent of the copyright holder.For years, blind and visually impaired people
who wanted to use a kindle were left with a lot of frustration and even hassle.
Amazon released their kindle readers with only the barest of text to speech.
Amazon did make their apps on IOS and Android accessible but only after
significant push back from the visually impaired community. Recently, Amazon
has announced, publically, that they are bringing Voice View to their Kindle
e-readers, starting with Kindle Paperwhite, so that visually impaired customers
can enjoy reading on Kindle devices.[20]
?
DAISY
Forum of India:
DAISY (Digital
Accessible Information System) Forum of India (DFI) is a consortium of Not for
Profit organizations from India who are involved in production of books and
reading materials in accessible formats for persons who cannot read normal
print.
The DAISY
forum of India envisions a world where people with print disabilities have
equal access to information and knowledge without delay or additional expense
in their own language. Based on the MP3 and XML formats, the DAISY format has
advanced features in addition to those of a traditional audiobook.
Users can
search, place bookmarks, precisely navigate line by line, and regulate the
speaking speed without distortion. DAISY also provides aurally accessible
tables, references, and additional information. As a result, DAISY allows
visually impaired listeners to navigate something as complex as an encyclopedia
or textbook, otherwise impossible using conventional audio recordings.
The
report "Review of the Intellectual Property Rights Regime in India", presented
before the Rajya Sabha, has considered the issues of copyright and educational
materials.
The report
recommends that Section 51(1) of the Copyright Act be amended to allow
government educational institutions to have reprographic works and to store
such materials in the libraries for increased accessibility. The report also
emphasizes the importance of the National Mission on Libraries and recommends
the establishment of community libraries across the country. The report also
suggests that existing libraries be upgraded to provide access to works by
foreign authors. At the same time, the report also warns that it is important
to protect the rights of the authors since such rights encourage them to invest
in and develop quality books.and works. Therefore, the rights of the authors
must be balanced with the public interest of increasing accessibility.[21]
Today, as
the Marrakesh Treaty sits as a benchmark for social inclusion, India’s
multi-stakeholder approach should also be seen as a model for other nations to
follow.
CHALLENGES IN INDIA:
1) Indian
Copyright Act 1957 does not contain any rules regarding converting any print,
audio, to an accessible format for the visually impaired.
2) Commercial
Braille books and large print books are very limited in India.
3) CDs and
talking books in Daisy format are also less in India.
4) Electronic
books in principle can be accessible with screen readers. But many publishers
are not providing access rights to the visually challenged.
5) Lack of
infrastructural, human resources and financial crunches leads to no
availability of assistive technology in the academic libraries which will lead
to non-productive human beings as far as the life of the visually impaired is
concerned.[22]
6) Cross-border
availability, privacy, and cooperation provisions remain absent.
7) Section 52
(1) (zb) is not clear whether the exception applies to the right of making
available, which is essential for online transfer and sharing of accessible
works.
8) Issues
related to digital rights management and access are not discussed in the Act.
Finding
ways to reduce copyright-related barriers to educational content is vital. The
purpose of copyright has to be reevaluated by legislators, particularly in
connection to education, and more accessible solutions need to be supplied. So
that the public interest is not jeopardised and so that it can keep up with the
quick changes in society and technology, the copyright system has to be
rebalanced.
One possibility is to advocate for policies
like "open access" or "open educational resources" for
educational resources. Such initiatives support accessibility while preserving
the present copyright system.If there were no access limitations, such as those
imposed by financial, legal, or technological barriers, then a publication
would be described as being open access. Publications that may be accessed for
free owing to open licensing or that are in the public domain are referred to
as "Open Educational Materials."
There is neither a monitoring
organisation nor a reporting system established by the Marrakesh Treaty. To
deal with issues pertaining to the preservation, advancement, implementation,
and operation of the Treaty, an Assembly of the Contracting Parties is required
by Article 13(2)(a) of the Treaty. In light of art. 13(2)(a), the Assembly
might thus decide to compel nations to report to the Assembly, the
International Bureau of WIPO, or both, on their progress in adopting the
"steps essential to guarantee the implementation of this treaty.[23]
While there have been several
proposals to change the copyright legislation to lower protection and enhance
access, reduced protection may result in the issue of underproduction of
literary works. COVID-19 has shown the profound institutional challenges
generated by copyright in accessing educational content. Finding the ideal
balance becomes a difficult effort as a result.
Although India has one of the most
forward-thinking copyright exemptions for the benefit of disabled people, it is
vital to note that India hasn't fully incorporated the Treaty's provisions into
her domestic legislation. To achieve the purpose of the Treaty, it is essential
that all Contracting Parties comply with their obligations to foster an
environment that is accessible to persons with disabilities. It is evident that
such access is a must in the modern world for guaranteeing disabled people
equal opportunity in both education and work.
An update to the copyright law that
allows people with disabilities access to copyrighted content in accessible
versions attempted to lessen the obstacles in some ways. Depending on how
members implement the treaty, the benefit for people with visual impairments
will be expanded to the utmost degree practicable. Measures may be put in place
to ensure that beneficiaries are not prevented from exchanging materials across
borders, and persons should refrain from taking any acts that would jeopardize
lawful cross-border exchange.
To continue to provide chances for
access for people who are blind or visually impaired, the treaty must improve
the efficacy and efficiency of its standards in the digital arena. Although
initiatives like open access and open educational materials could offer some
solace, they do not entirely address the problems associated with
inaccessibility. To address the problems with accessing educational resources,
it is urgent to create stronger copyright and open access policy measures.
[1] Tania Sebastian,Copyright World’ and Access to
Information,Journal of Intellectual Property Rights Vol 17, May, 2012
[3] Ben Saul & David Kinley, The International Covenant on Economic,
Social and Cultural Rights: Commentary, Cases, and Materials,[OSAIL],2013
[4] Margot E. Kaminski& Dr. Shlomit Yanisky-Ravid,The
Marrakesh Treaty For Visually Impaired Persons: Why A Treaty Was Preferable To
Soft Law.Colorado Law scholarly commons,2014
[5] Caroline B. Ncube,Beyond the Marrakesh VIP Treaty,. The
Journal of World Intellectual Property, John Wiley & Sons Ltd,2020
[9] Lida Ayoub ,The Marrakesh Treaty: Fixing International
Copyright Law For The Benefit Of The Visually Impaired Persons ,2015,SSRN
ELibrary
[12] Dr. Anna Maria Andersen Nawrot, Human Rights Perspectives on
Access of the Blind, Visually Impaired and Other Reading Disabled Persons to
Copyrighted Materials ,Lund University
[13] Prashant Reddy, The Background Score To The Copyright
(Amendment) Act, 2012, NUJS Law Review ,2012
[14] Super Cassette
Industries Ltd. Vs Humar Television Network Pvt. Ltd, 2011 PTC (45) PTC 70
(Del.)
[15] Sanjay V. Jadhav & Kailas R. Jagdeo, Right of
Accessibility of Visually Impaired under Indian Copyright Law-A Critical
Study,International Journal of Creative Research Thoughts,Volume 8, Issue 6
,June 2020
[22] Priya
R. Pillai,Accessible Copies of Copyright Work for Visually Impaired Persons in
India,Creative Education 2012. Vol.3, Special Issue
[23] Susy Frankel, Copyright Pluralism and Human Rights of the
Visually Impaired Persons,SSRN E-Library
Article Information
VISION BEYOND WORDS: BRIDGING ACCESS TO COPYRIGHTED CONTENT FOR THE VISUALLY IMPAIRED COMMUNITY
Authors: G. S. SELMA
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/10/24
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.