Changes to Copyright for disabled users Teresa Pedroso Disability Librarian* Bodleian Libraries, University of Oxford Note that the content of this presentation is not legal advice. If you need legal advice, you must consult a specialist solicitor.

Copyright? Does it cover everything? Look, a copy on the Internet! Published vs unpublished material Foreign publications Out of copyright Translations? Look, a copy on the Internet! Copyright Law and Contract Law

Copyright (Visually Impaired Persons) Act 2002 Who? “Visually impaired person” means a person— (a)who is blind; (b)who has an impairment of visual function which cannot be improved, by the use of corrective lenses, to a level that would normally be acceptable for reading without a special level or kind of light; (c)who is unable, through physical disability, to hold or manipulate a book; or (d)who is unable, through physical disability, to focus or move his eyes to the extent that would normally be acceptable for reading. What? Printed material No broadcasts Subtitles Audio description

Changes? Why? When? Hargreaves Review of Intellectual Property and Growth Modernisation of Copyright Law Consultation Process: 2011 – IPO Informal Consultation 2012 – Formal Consultation 2013 – Technical Consultation

Copyright and Rights in Performance (Disability) Regulations 2014 End user: People whose disability prevents them from “enjoying the work to the same degree as a person who does not have that disability” (31 A (1) (b)) Coverage? All published material Who can make the copy? The end user or those working on their behalf (“authorised bodies)

Copyright and Rights in Performance (Disability) Regulations 2014 Conditions: Lawful possession or use of the work Accessible version of the work unavailable Personal use Copyright-holder notification Disclaimer and acknowledgement Copies for future provision Charges

Copyright Licencing Agency HE Licence Section 9 Visually Impaired and Disabled Persons End user: HEI members only Coverage: UK material; international publishers; Excluded works; music; newspapers; maps Who can make the copy? Designated Person/Visual Creator

Copyright Licencing Agency HE Licence Conditions: Institution must own copy Accessible version of the work unavailable Personal use Disclaimer and acknowledgement Single use copy Charges

Which one? Licence permissions remain unaffected by laws in the legislation CLA HE Licence CRP Dis 2014 User/Recipient University members only (no external readers) Anybody who has lawful access to a non-accessible copy Focus HEI holds the licence and must have lawful possession of the material Disabled person has the right and must have lawful possession of the material Amount Part or whole work Status Optional – Publishers may request to be excluded from the licence Legal requirement – Publishers do not have a choice Coverage Not all published material is covered (e.g. newspapers and maps) Covers all published material incl. broadcasts Exclusion Copy can only be made if no accessible version is available commercially Copy can only be made if no accessible version is available commercially Disclaimer Requires disclaimer and acknowledgement (standard CLA) Requires disclaimer and acknowledgement Transferability Copy for personal use only Copy can be passed to other eligible people Notification No notification required Copyright-holder must be notified of copy Charges Cost recovery charges only

Case Studies

Paul Paul is a student with dyslexia is required to read Wolf Hall by Hilary Mantel for a paper. He needs to listen to audio whilst also looking at text. Paul comes to the library to borrow the printed copy and asking for help. How would you be able to help him?

Jenny Your library receives students from the local secondary school. Jenny is a disabled student doing her A-levels and needs an e-copy of Further Pure Mathematics. She comes to your library asking for help as Jenny knows you have a large Maths cohort. Can you treat Jenny’s request as you would treat the request of one of the students at your institution?

Frankie Frankie is doing Law. She needs to read Gai Institutiones aka The Institutes by Gaius (c. 170 a.D.) for the Roman Law module. The reading list recommends the English translation by Francis de Zulueta (1878-1958). How can you source/produce an accessible copy?

Robert and Mary Last year academic year, you sourced the files of The Reign of Henry VIII by Starkey from the publisher for Robert, a visually impaired student doing History. This year, Mary – a student with cerebral palsy – needs to read the same book in as an e-file. Can you give to Mary the files you sourced for Robert? If you had created the files in-house, would it make a difference?

Useful Links The Copyright and Rights in Performances (Disability) Regulations 2014: http://www.legislation.gov.uk/uksi/2014/1384/made IPO Booklet Exceptions to copyright: Accessible formats for disabled people: https://www.gov.uk/government/uploads/system/uploads/attachment_data /file/375952/Accessible_formats_for_disabled_people.pdf CLA Higher Education Licences T&C: http://he.cla.co.uk/your-he-licence/your- he-licence/about-the-cla-higher-education-licence/licence-terms-and- conditions/ CLA Higher Education Licence User Guidelines: http://he.cla.co.uk/wp- content/uploads/2013/08/CLA-Higher-Education-Licence-User-Guidelines.pdf JISC Legal pages on Changes to Copyright in 2014: http://www.jisclegal.ac.uk/ManageContent/ViewDetail/ID/3541/Helping-You- With-The-2014-Copyright-Changes.aspx