Accessible Copies of Copyright Work for Visually Impaired Persons in India

doi:10.4236/ce.2012.326159

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Creative Education

2012. Vol.3, Special Issue, 1060-106 2

Published Online October 2012 in SciRes (http://www.SciRP.org/journal/ce) http://dx.doi.org/10.4236/ce.2012.326159

1060

Accessible Copies of Copyright Work for Visually Impaired

Persons in India

Priya R. Pillai

Bombay Teachers’ Training College, Mumbai, India

Email: [email protected]

Received July 2nd, 2012; revised A u gust 4th, 2012; accepted Aug u s t 1 9th, 2012

This article deals with copyright law in India and its impact on the education of millions of visually im-

paired persons in India. Due to lack of amendment in the copyright law print disabled in India was unable

to access the published copyrighted works. The organization dealing with visually impaired can provide

accessible materials to visually impaired persons without seeking copyright permission from the owners.

This landmark decision of Indian government will benefit all educational institutions who are dealing

with visually impaired students.

Keywords: Visually Impaired; Copyright; Print Disabled

Introduction

In recent years the importance of copyright exception to the

visually handicapped and limitations to copyright to provide an

equal balance between the owners of the published work and

users of that protected work has received considerable impor-

tance.

many people as something that is essential to promote the pub-

lic interest. Copyright protection provides incentive for creativ-

ity and, by enabling the creators to gain a return on their in-

vestment; the rights granted by copyright encourage and moti-

vate more creativity for the benefit of everyone.

Most print disabled in all over the world are there for chal-

lenged by the copyright law in search of information.

Rights are created by laws and these same laws must care-

fully define and limit those rights to provide an essential bal-

ance between the interests of right holder and users of protected

material as this balance is as much in the public interest as the

rights themselves.

Government of India in a meeting on 13th June 2008 has rec-

ommended, “All educational institutions should be made barrier

free within a reasonable time frame of, say, two years for uni-

versities and three years for colleges and schools. They should

also have facilities to provide Braille books and talking books.

Sign language interpreter should also be provided in institutions

having hearing impaired students (UGC, 2008).”

WIPO has itself published a Study on Automated Rights

Management Systems and Copyright Limitations and Excep-

tions (Garnett, 2006), which studied exceptions for the benefit

of visually impaired people and exceptions applying to distance

education in particular. Sullivan, Consultant, copyright and

Government affairs in 2006 studied about provision of copy-

right issues in the International conventions and treaties along

with the need of exceptions of Copyright in the national laws

(Sullivan, 2006). Exceptions for the benefit of visually impaired

people were also covered in a joint WIPO and UNESCO

Working Group on Access by the Visually and Auditory Handi-

capped to Material Reproducing Works Protected by Copyright

WIPO held an information meeting on Digital Content for the

Visually Impaired in 2003 at which the International Publishers

Association as well as the World Blind Union and other dis-

ability interests and national representatives gave presentations

on copyright issues (WIPO, 2003).

A figure commonly quoted as the percentage of books pub-

lished that are currently available in alternative formats useable

by print disabled people is no more than about 5%. Publishers

and authors in general want visually impaired people to be able

to read what they publish and visually impaired people want the

barriers that prevent them reading this material removed.

However, it is also widely accepted that there is no simple or

single solution and that copyright is not the only relevant issue.

Libraries for the blind developed as charities in India started

its service by producing books and magazines on Braille. Their

seeking of copyright licenses to permit them to produce such

Braille books did not pose any particular risk to copyright

holders and publishers. But as they started taking their places as

libraries or learning centres for print disabled that rendered

library services and as technological developments enabled

them to make and circulate accessible books in various formats

to readers with print disabilities, it became difficult for them to

seek and obtain such licenses for a variety of reasons. Many

governments in other parts of the countries like USA, UK and

Australia therefore enacted statutory exceptions to their copy-

right laws to assist them. Such type of law or an amendment of

existing copyright Act 1957 was not enacted in India for the

educational benefit to print disabled till 2012.

According to Census 2001, the total population of India is

1,028,610,328. The total disabled population is 21,906,769, i.e.

2.1%. Out of this, visually disabled population is 10,634,881 i.e.

1.0% are visually challenged persons (Government of India,

2001).

Persons with disabilities (equal opportunities, protection of

rights and full participation) act 1995 (PWD Act) (PWD ACT,

1996) in India is giving stress on equal rights for all. Unlike

other Law of Disability (DDA, in UK and ADA in USA) Indian

Law is not a mandatory Law and it is not specifying what all

P. R. PILLAI

the educational institutions to follow. India is lacking National

Library policy. National Library Policy for disabled will help

the policy makers to open the doors of libraries to all the visu-

ally challenged in India. There are mandates in Constitution to

provide education to all. The National Policy of Education,

1986; Right to Education Bill 2005, Right to Information Act

2005 also just mention about disabled as part of general public.

There is a need to have proper amendment of these Laws as far

as inclusive education is concerned. As all of us know, library

is a part of education as far as the access to information is con-

cerned.

In India various special schools were established for the visu-

ally challenged and Braille text books were made available to

these institutions free of cost by the government. The blind

receive the education free till they reach 12th standard. For

obtaining higher education in India, visually impaired persons

face the problem of availability of accessible reference books

related to their curriculum. The libraries of higher education are

not disabled friendly. The visually impaired students in India

feel neglected and isolated once they reach to higher education.

Some of the Indian Universities like Delhi University, Jawa-

harlal Nehru University, Hyderabad University, University of

Pune, Tata Institute of Social Science, recognized the plight of

disabled and started special library services for the visually

challenged. A few colleges like St. Xavier’s in Mumbai, Loyola

College in Chennai were also been in forefront in developing

special learning centres for VIPs. Many NGO in India are doing

excellent work in disseminating Information from 1960’s (NAB,

NFB, BPO) for the education of visually impaired.

The major problem these libraries face in providing informa-

tion in an accessible format was the COPY RIGHT LAW in

India.

As Roos, J. W. (2007) mentioned rightly:

“In order to make an accessible copy of a work, a library for

the blind or any other producer of that accessible copy must

obtain a license from the copyright holder that permits it to do

so. Otherwise, however laudable the purpose of making an

accessible copy, the accessible copy is an infringing copy, that

is to say a copy that infringes on the copyright of the right

holder.”

Copy Right Law in India

India has an estimated 70 million persons who cannot read

printed matter (for reasons of blindness and otherwise). These

persons have limited or no access to information which is

available to the public. Perversely, even material in the “public

domain”—such as that created by government—is often not

available in accessible formats.

Technology has made possible to convert the print into

Braille, or audio CDS. But there is a lack of awareness among

all the stak e holders as far as the ma terial t o be made accessibl e

to visually challenged in India. Very few colleges and universi-

ties in India are equipped with latest technologies in the disabil-

ity centre or in the academic libraries for the service of visually

challenged. These technologies themselves don’t help the dis-

abled in accessing information. For that purpose we need to

amend the copyright act. The publisher should allow the librar-

ian to use the electronic version of the document to freely ac-

cess for educational use. The proposed amendments to the In-

dian Copyright Act are yet to be tabled in Parliament.

Challenges in India

1) Indian Copy right Act 1957 does not contain any rules re-

garding converting any print, audio, to an accessible format for

the visually impaired.

2) Ordinary printed text is non-accessible: The blind can’t

access print. Many can access other formats like Braille. Today,

in this digital age, proper training in computer and assistive

technologies, help a blind to access the e- document just like

any normal sighted person.

3) Commercial Braille books and large print books are very

limited in India.

4) CDs and talking books in Daisy format are also less in In-

dia.

5) Electronic books in principle can be accessible with screen

readers. But many publishers are not providing access rights to

visually challenge d.

6) To find out the relevant copyright exception of each coun-

try (Copyright exemptions for the visually impaired or libraries

for the blind vary from country to country).

7) Lack of awareness is a major problem in India.

8) 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 visually impaired is concerned.

To solve this problem many NGOs voiced their concern to

Indian Government and pressed the need of amending Indian

associations across India launched the campaign of “RIGHT to

READ” and try to awaken the awareness all the stakeholders

like publishers, librarians, visually challenged people, etc.

The National Institute for the Visually Handicapped (NIVH),

which is the apex level national organization in the field of

visual disability engaged in human resource development, ad-

ministered by the Ministry of Social Justice and Empowerment,

has taken full leadership on this front and is working together

with the Daisy Forum of India (DFI) and other non profit or-

ganizations serving the blind across the country to set up a sys-

tem for delivery of books in accessible formats to print im-

paired persons.

Copy Right Exception for Visually Impaired in India: Until,

recently in India any alternate format creation would have been

an infringement unless it was backed up by prior written per-

mission from the rights holder (Government of India, 2001).

basically limited in time, scope as well as exercise. From earli-

est times in copyright history, it has been recognized that copy-

right does not continue indefinitely, does not apply to certain

categories of material and, in certain cases, is limited in its

amendments in the exiting laws as and when required. Prior to

the inclusive of Section 52(1)(zb) that the owner of copyright in

a work had the exclusive right to adapt, make copies, commu-

nicate to the public etc. the work. Therefore, any conversion of

a book into accessible formats such as Braille, Daisy, audio

books, etc., for the benefit of persons with print disabilities

could be undertaken only by the owner of copyright or with the

permission of the owner of copyright. More often than not,

owners of copyright are unwilling or disinterested to either

undertake the conversion and sale of such accessible format

copies or permit such conversion, for reasons varying from lack

of profitability to limited target audience. Now these permis-

P. R. PILLAI

1062

sions are not needed for non-profit conversion and distribution.

provisions for the benefit of persons with disabilities and it has

been passed by both houses of parliament (by the Rajya Sabha

on 17th May 2012 and the Lok Sabha on 22nd May 2012). The

Amendment to Indian copyright Law (52(1)(zb) which creates a

new copyright exception for the benefit of persons with print

disabilities, including persons with visual impairment and dys-

lexia.) was passed in favour of visually impaired after a long

legal battle by the organizations in India who works for the

right of visually impaired. Persons with disabilities who cannot

access a work in their normal format and organizations can

suitably modify a work so as to make it accessible to meet the

specific needs of the person with disability. 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 rights holder.

necessity to seek the consent of the publishers for converting

their books into accessible formats. To this extent, the Bill pro-

vides that it would not be an infringement of copyright for any

person or any organization working for the benefit of the per-

sons with disabilities and on a non-profit basis to create acces-

sible format copies or distribute them to persons with disabili-

ties who cannot enjoy the work in their normal formats. This

provision is very wide and inclusive in its scope and has some

protection built in against unauthorized use by non-beneficiar-

ies of the exception. For instance, the books so provided in

accessible formats shall be for private or personal use, for edu-

cation or research only. Moreover, the persons or organizations

providing such services have the obligation to ensure that such

converted formats do not enter the mainstream business chan-

nels. While the new exception permits the recovery of the ex-

penses incurred in converting the books, they do not permit the

making of any profit under the exception. However, under a

new Section 31B, any person working for the benefit of the

persons with disabilities on a profit basis or for business can

undertake conversion and distribution after obtaining a license

from the Copyright Board in accordance with the procedure

laid down in that section.

Conclusion

Every person has the right to education. Disability is not in-

ability. As a librarian from an education institution, I hope this

landmark amendment in Indian Copyright law will definitely

help millions of visually impaired in India.

REFERENCES

Government of India (2001). Census of India. URL (last checked 9

August 2002).

http://censusindia.gov.in/Census_And_You/disabled_population.asp

Garnett, N. (2006). Automated rights management systems and copy-

right limitations and exceptions.

http://www.wipo.int/edocs/ mdocs/copyright/en/sccr_14/sccr_14_5.pdf

International perspective. 70th IFLA General Conference and Coun-

cil, Buenos Aires: World Intellectua l Property Organization (WI PO).

PWD ACT (1995). Persons with disabilities (equal opportunities, pro-

tection of rights and full participation) act 1995. URL (last checked 7

February 2012).

http://www.unipune.ac.in/dept/Education_Extension/www/PWD.htm

Roos, J. W. (2007). Libraries for the blind as accessible content pub-

lishers: Copyright and related issues. Library Trends, 55, 879-916.

doi:10.1353/lib.2007.0041

the visually impaired. URL (last checked 12 July 2012).

http://www.wipo.int/edocs/mdocs/copyright/en/sccr_15/sccr_15_7.d

WIPO (2003). WIPO information meeting on digital content for the

visually impaired.

www.wipo.int/edocs/mdocs/.../digvi_im_03_peter_schonning.pdf

UGC (2008). Notice. D.O.No.F.6-1/2006 (CPP II).