1. 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.

2. 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Published vs unpublished material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

3. 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

4. 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

5. 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)

6. 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

7. 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

8. 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

9. 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

10. Case Studies

11. 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?

12. 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?

13. 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 ( ). How can you source/produce an accessible copy?

14. 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?

15. Useful Links
The Copyright and Rights in Performances (Disability) Regulations 2014:
IPO Booklet Exceptions to copyright: Accessible formats for disabled people: /file/375952/Accessible_formats_for_disabled_people.pdf
CLA Higher Education Licences T&C: he-licence/about-the-cla-higher-education-licence/licence-terms-and- conditions/
CLA Higher Education Licence User Guidelines: content/uploads/2013/08/CLA-Higher-Education-Licence-User-Guidelines.pdf
JISC Legal pages on Changes to Copyright in 2014: With-The-2014-Copyright-Changes.aspx