Changes in the copyright law as presented by Ian Litterick at the BDA International Conference

1. Changes in Copyright Law
benefit dyslexic people:
E-books and digital learning materials
symposium:
Ian Litterick
iansyst Ltd
BDA International Conference
Fri Jan 28 2014

2. Copyright history:
 1709 Statute of Anne;
 Copyright effectively meant right to
distribute as to make a copy required a
considerable investment;
 Now “copying” is work of an
instant, and of no significance;
 Should now be called “distribution
right”?

3. 2002 Copyright exception:
 UK Copyright (Visually Impaired Persons)
Act 2002:
 VI Exception to create accessible formats;
 Single copy for personal use;
 Approved bodies can make multiple copies;
 Includes physical disability;
 Amendment to: Copyright, Designs and
Patents Act 1988 (CDPA).

4. Copyright anomaly:
 Not dyslexia;
 Dyslexia covered by Copyright Licensing
Agency (CLA) – in, eg, education licence.
 Legally still, just (?), the case today;
 Right to Read Campaign;
 So the news is much better. . .

5. New amendments March 2014
 Gowers Review 2006;
 Hargreaves Review 2011;
 Consultations;
 Multiple R2R meetings;
 Amendments now imminent (?)

6. Private Copying Exception:
 Consultation text:
28B Private copying
(1) Copyright is not infringed where an individual uses a
copy of a copyright work lawfully acquired by him to make
a further copy of that work provided that:
(a) the further copy is made for that individual’s private use
for ends that are neither directly nor indirectly commercial;
(b) the copy from which the further copy is made is held by
the individual on a permanent basis (for example it is not a
copy that is rented to the individual for a specified period or
borrowed from a library); and
[(c) the making of the further copy does not involve the
circumvention of effective technological measures applied to
the copy from which it is made.]

7. Disability Exceptions:
31A Disabled persons – making copies of copyright works
for personal use
(1) This section applies where a person (“the disabled
person”)
(a) has lawful possession or lawful use of a copy of the whole
or part of a copyright work (“the work”);
(b) by reason of physical or mental impairment does not by
using that copy have the same level of access to the work as a
person who does not have that physical or mental impairment;
(c) copies of the work are not commercially available on
reasonable terms with the authority of the copyright owner in
a form which would give the disabled person same level of
access to the work as someone who does not have the physical
or mental impairment.

8. Disability Cont:
(2) Where this section applies, copyright is not
infringed by the use of the copy referred to in
subsection 1(a) to make a copy of the work for
the personal use of the disabled person in a form
that enables the disabled person to have
improved access to the work.
31B Making accessible copies for disabled
persons generally
(1) This section applies where an educational
establishment or a body not conducted for profit:

9. Disability:
31B Making accessible copies for
disabled persons generally
(1) This section applies where an
educational establishment or a body
not conducted for profit:
...
 -- Similar arrangement to current
Copyright Licencing Agency (CLA)
licence, but no licence needed.

10. Issues still to know:
 When?
 Process should be: new regulations laid
before parliament – less debate than full
legislation.
 “the regulations will be different in light
of the valuable consultation process.”
 Technical Protection Measures (DRM)?
 Able to limit by contract?

11. International Copyright:
 Similar disability exceptions world-wide;
 WIPO (World Intellectual Property Organisation)
Marrakech Treaty 2013;
 “to Facilitate Access to Published Works by Visually
Impaired Persons and Persons with Print Disabilities”;
 “. . .(b) has a visual impairment or a perceptual or
reading disability which cannot be improved to give
visual function substantially equivalent to that of a
person who has no such impairment or disability and so is
unable to read printed works . . .
 But Benetech/Bookshare are happy it covers dyslexia. . .
 Yet to be ratified. Needs 20 to come into effect.

12. Further reading
 Current position on Copyright reforms
 http://www.ipo.gov.uk/types/hargreaves
/hargreaves-copyright/hargreaves-
copyright-techreview.htm
 Marrakesh Treaty:
 http://www.wipo.int/treaties/en/text.js
p?file_id=301016
 http://www.daisy.org/planet-2013-08