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changes to copyright law from 1 june 2014

Posted by 4 on the 10th July, 2014

A welcome change to the law on copyright came into force on 1 June 2014. The new Regulations affect disabled people's access not only to print materials such as books, but also music and other media including video.

Now a person is considered as disabled if the disability prevents the person from enjoying the work to the same degree as a person who does not have that disability. This is a substantial shift from the criterion that was in effect prior to 1 June 2014. Until that date copyright exemption for print materials could only be made for visually impaired people (technically, the definition was broader than visual impairment to include physical disability). For them, accessible copies could be made - large print, Braille or audio for example - without breaking the law. Prior to 1 June, it was possible to extend copyright exemption for others such as pupils with dyslexia. In order to provide this exemption, however, special licences had to be set up, or individual agreements made with publishers. The presumption now set in law is that so long as the exemption criteria are met, an accessible copy can be made.

The relaxation of copyright exemption applies not just to print but also to other kinds of work such as music, film, video. Now a disabled person, whose disability prevents him or her from enjoying the work to the same degree as someone who isn't disabled, can have an accessible copy made.

A further change in the law is also helpful. Now, if a licence term imposed by a publisher for a disabled person is more restrictive than what the law permits , then that licence term is unenforceable.

Full details of the changes to the law are set out in The Copyright and Rights in Performances (Disability) Regulations 2014 

A detailed FAQ has been provided by JISC Legal team and many of the questions and answers are applicable beyond Further and Higher Education.

Footnote

The full definition of a "disabled person" is now

- a person who has a physical or mental impairment which prevents the person from enjoying a copyright work to the same degree as a person who does not have that impairment, and “disability” is to be construed accordingly. (The only exception from this exemption is if your vision can be corrected with glasses or contacts which does seem very reasonable.)

 

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