The Interface of Copyright and Human Rights: Access to Copyright Works for the Visually Impaired

Copyright Laws ◽

The Right ◽

The Impact ◽

Reproduction of copyright protected material in formats that are accessible to the blind and visually impaired persons constitutes a copyright infringement unless there are specific limitations and exceptions in place. Most countries do not have copyright limitations and exceptions for the benefit of the visually impaired in their copyright laws. This has contributed to the issue of book famine, meaning the unsatisfactory access to copyright protected material for the blind and visually impaired. This thesis examines the claims of the visually impaired for improved access to copyright protected works in the context of the interface of human rights and intellectual property rights. This research demonstrates that insufficient access to copyright protected material is discriminatory against the visually impaired and negatively affects their human rights such as the right to education, information, health, employment, culture, and science. Moreover, the thesis analyses the international and domestic copyright law’s impact on the needs of the visually impaired. In analysing the international copyright law, the thesis evaluates the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities. Highlighting the insufficient consideration for the rights of the visually impaired in domestic and international copyright laws including the Marrakesh Treaty, the thesis proposes adoption of a human rights framework for copyright law to the extent that it affects the human rights of the visually impaired. Such framework requires copyright law to accommodate those human rights of the visually impaired that are dependent on access to copyright protected material. The thesis offers two categories of measures for creation of a human rights framework for copyright to the extent that it affects the human rights of the visually impaired. The measures include optimisation of already available options and adoption of new mechanisms. The first category discusses minimum mandatory copyright limitations and exceptions and the possibility to harmonise them. The second category covers extra measures such as clarifying the implications of different human rights and copyrights in the context of the book famine; ensuring compatibility of human rights and copyright when adopting policy and law; and, regular monitoring of the impact of copyright law on human rights.

The Interface of Copyright and Human Rights: Access to Copyright Works for the Visually Impaired

10.26686/wgtn.17048339.v1 ◽

2021 ◽

Author(s):

◽

Lida Ayoubi

Keyword(s):

Human Rights ◽

Visually Impaired ◽

Copyright Law ◽

Copyright Laws ◽

The Right ◽

The Impact ◽

Reproduction of copyright protected material in formats that are accessible to the blind and visually impaired persons constitutes a copyright infringement unless there are specific limitations and exceptions in place. Most countries do not have copyright limitations and exceptions for the benefit of the visually impaired in their copyright laws. This has contributed to the issue of book famine, meaning the unsatisfactory access to copyright protected material for the blind and visually impaired. This thesis examines the claims of the visually impaired for improved access to copyright protected works in the context of the interface of human rights and intellectual property rights. This research demonstrates that insufficient access to copyright protected material is discriminatory against the visually impaired and negatively affects their human rights such as the right to education, information, health, employment, culture, and science. Moreover, the thesis analyses the international and domestic copyright law’s impact on the needs of the visually impaired. In analysing the international copyright law, the thesis evaluates the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities. Highlighting the insufficient consideration for the rights of the visually impaired in domestic and international copyright laws including the Marrakesh Treaty, the thesis proposes adoption of a human rights framework for copyright law to the extent that it affects the human rights of the visually impaired. Such framework requires copyright law to accommodate those human rights of the visually impaired that are dependent on access to copyright protected material. The thesis offers two categories of measures for creation of a human rights framework for copyright to the extent that it affects the human rights of the visually impaired. The measures include optimisation of already available options and adoption of new mechanisms. The first category discusses minimum mandatory copyright limitations and exceptions and the possibility to harmonise them. The second category covers extra measures such as clarifying the implications of different human rights and copyrights in the context of the book famine; ensuring compatibility of human rights and copyright when adopting policy and law; and, regular monitoring of the impact of copyright law on human rights.

The Interface of Copyright and Human Rights: Access to Copyright Works for the Visually Impaired

10.26686/wgtn.17057903 ◽

2021 ◽

Author(s):

◽

Lida Ayoubi

Keyword(s):

Human Rights ◽

Visually Impaired ◽

Copyright Law ◽

Copyright Laws ◽

The Right ◽

The Impact ◽

Reproduction of copyright protected material in formats that are accessible to the blind and visually impaired persons constitutes a copyright infringement unless there are specific limitations and exceptions in place. Most countries do not have copyright limitations and exceptions for the benefit of the visually impaired in their copyright laws. This has contributed to the issue of book famine, meaning the unsatisfactory access to copyright protected material for the blind and visually impaired. This thesis examines the claims of the visually impaired for improved access to copyright protected works in the context of the interface of human rights and intellectual property rights. This research demonstrates that insufficient access to copyright protected material is discriminatory against the visually impaired and negatively affects their human rights such as the right to education, information, health, employment, culture, and science. Moreover, the thesis analyses the international and domestic copyright law’s impact on the needs of the visually impaired. In analysing the international copyright law, the thesis evaluates the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities. Highlighting the insufficient consideration for the rights of the visually impaired in domestic and international copyright laws including the Marrakesh Treaty, the thesis proposes adoption of a human rights framework for copyright law to the extent that it affects the human rights of the visually impaired. Such framework requires copyright law to accommodate those human rights of the visually impaired that are dependent on access to copyright protected material. The thesis offers two categories of measures for creation of a human rights framework for copyright to the extent that it affects the human rights of the visually impaired. The measures include optimisation of already available options and adoption of new mechanisms. The first category discusses minimum mandatory copyright limitations and exceptions and the possibility to harmonise them. The second category covers extra measures such as clarifying the implications of different human rights and copyrights in the context of the book famine; ensuring compatibility of human rights and copyright when adopting policy and law; and, regular monitoring of the impact of copyright law on human rights.

The Interface of Copyright and Human Rights: Access to Copyright Works for the Visually Impaired

10.26686/wgtn.17048339 ◽

2021 ◽

Author(s):

◽

Lida Ayoubi

Keyword(s):

Human Rights ◽

Visually Impaired ◽

Copyright Law ◽

Copyright Laws ◽

The Right ◽

The Impact ◽

Reproduction of copyright protected material in formats that are accessible to the blind and visually impaired persons constitutes a copyright infringement unless there are specific limitations and exceptions in place. Most countries do not have copyright limitations and exceptions for the benefit of the visually impaired in their copyright laws. This has contributed to the issue of book famine, meaning the unsatisfactory access to copyright protected material for the blind and visually impaired. This thesis examines the claims of the visually impaired for improved access to copyright protected works in the context of the interface of human rights and intellectual property rights. This research demonstrates that insufficient access to copyright protected material is discriminatory against the visually impaired and negatively affects their human rights such as the right to education, information, health, employment, culture, and science. Moreover, the thesis analyses the international and domestic copyright law’s impact on the needs of the visually impaired. In analysing the international copyright law, the thesis evaluates the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities. Highlighting the insufficient consideration for the rights of the visually impaired in domestic and international copyright laws including the Marrakesh Treaty, the thesis proposes adoption of a human rights framework for copyright law to the extent that it affects the human rights of the visually impaired. Such framework requires copyright law to accommodate those human rights of the visually impaired that are dependent on access to copyright protected material. The thesis offers two categories of measures for creation of a human rights framework for copyright to the extent that it affects the human rights of the visually impaired. The measures include optimisation of already available options and adoption of new mechanisms. The first category discusses minimum mandatory copyright limitations and exceptions and the possibility to harmonise them. The second category covers extra measures such as clarifying the implications of different human rights and copyrights in the context of the book famine; ensuring compatibility of human rights and copyright when adopting policy and law; and, regular monitoring of the impact of copyright law on human rights.

The Interface of Copyright and Human Rights: Access to Copyright Works for the Visually Impaired

10.26686/wgtn.17143199 ◽

2021 ◽

Author(s):

◽

Lida Ayoubi

Keyword(s):

Human Rights ◽

Visually Impaired ◽

Copyright Law ◽

Copyright Laws ◽

The Right ◽

The Impact ◽

Reproduction of copyright protected material in formats that are accessible to the blind and visually impaired persons constitutes a copyright infringement unless there are specific limitations and exceptions in place. Most countries do not have copyright limitations and exceptions for the benefit of the visually impaired in their copyright laws. This has contributed to the issue of book famine, meaning the unsatisfactory access to copyright protected material for the blind and visually impaired. This thesis examines the claims of the visually impaired for improved access to copyright protected works in the context of the interface of human rights and intellectual property rights. This research demonstrates that insufficient access to copyright protected material is discriminatory against the visually impaired and negatively affects their human rights such as the right to education, information, health, employment, culture, and science. Moreover, the thesis analyses the international and domestic copyright law’s impact on the needs of the visually impaired. In analysing the international copyright law, the thesis evaluates the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities. Highlighting the insufficient consideration for the rights of the visually impaired in domestic and international copyright laws including the Marrakesh Treaty, the thesis proposes adoption of a human rights framework for copyright law to the extent that it affects the human rights of the visually impaired. Such framework requires copyright law to accommodate those human rights of the visually impaired that are dependent on access to copyright protected material. The thesis offers two categories of measures for creation of a human rights framework for copyright to the extent that it affects the human rights of the visually impaired. The measures include optimisation of already available options and adoption of new mechanisms. The first category discusses minimum mandatory copyright limitations and exceptions and the possibility to harmonise them. The second category covers extra measures such as clarifying the implications of different human rights and copyrights in the context of the book famine; ensuring compatibility of human rights and copyright when adopting policy and law; and, regular monitoring of the impact of copyright law on human rights.

The Book. Culture. Education. Innovations: Proceedings of the Fifth World Professional Forum «Crimea-2019» (Sudak, June 8–16, 2019) ◽

The right to reading: The principles of the Marrakesh Treaty in Russia

10.33186/978-5-85638-223-4-2020-38-43 ◽

2020 ◽

Author(s):

Sania Battalova ◽

Keyword(s):

Visually Impaired ◽

Copyright Law ◽

International Treaties ◽

Target Groups ◽

Visually Impaired People ◽

Impaired People ◽

Access To Books ◽

The Right ◽

The Marrakesh Treaty on facilitating access for blind and visually impaired people and people with print disabilities to published works is one of the first international treaties in copyright aimed at widening the access to printed works under the copyright for up to 300 million people with print disabilities. The member states are to amend their national laws correspondingly. Russia ratified the Treaty in November, 2017 2 [4] and on May 8, 2018, the Treaty will come into effect in this country. By doing this, Russia accepts responsibility to eliminate legislative barriers preventing inequality of blind, visually impaired people and persons with print disabilities in the access to books and other materials and widening this access. The key Treaty provisions are analyzed; amendments to and provisions of the RF copyright law are discussed as they are to enable the libraries and other organizations to provide the rights to equal access to the information and knowledge for the target groups of population.

Human rights principles in the WIPO Marrakesh Treaty: driving change in copyright law from within

Queen Mary Journal of Intellectual Property ◽

10.4337/qmjip.2019.03.03 ◽

2019 ◽

Vol 9 (3) ◽

pp. 282-302

Author(s):

Lida Ayoubi

Keyword(s):

Human Rights ◽

Intellectual Property ◽

Intellectual Property Rights ◽

Visually Impaired ◽

Copyright Law ◽

Property Law ◽

Human Rights Law ◽

The Relationship ◽

The number of countries joining the WIPO Marrakesh Treaty for the visually impaired has been gradually increasing since its adoption in 2013. This article evaluates the contribution of the WIPO Marrakesh Treaty to the untangling and understanding of the interface of intellectual property law and human rights law. It analyses the significance of the human rights language used in the Treaty as well as its mandatory copyright exceptions. It is argued that the significance of the Treaty mainly lies in its inclusion of human rights principles. This, together with the introduction of compulsory copyright limitations and exceptions, forms the innovative approach of the Treaty that reshapes the contours of the relationship between intellectual property rights and human rights.

Influence of Musical Experience of Blind and Visually Impaired Young Persons on Performance in Selected Auditory Tasks

Archives of Acoustics ◽

10.1515/aoa-2015-0037 ◽

2015 ◽

Vol 40 (3) ◽

pp. 337-349 ◽

Cited By ~ 1

Author(s):

Edyta Bogusz-Witczak ◽

Ewa Skrodzka ◽

Hanna Turkowska

Keyword(s):

Visually Impaired ◽

Auditory Memory ◽

Musical Experience ◽

Sound Perception ◽

Auditory Tasks ◽

The Impact ◽

Impaired Children ◽

Visually Impaired Children

AbstractThe impact of musical experience on results concerning sound perception in selected auditory tasks, such as pitch discrimination, pitch-timbre categorization and pitch memorization for blind and visually impaired children and teenagers is discussed. Subjects were divided into three groups: of those with no experience of music, with small musical experience and with substantial musical experience. The blind and visually impaired subjects were investigated, while sighted persons formed reference groups. To date no study has described impact of musical experience on results of such experiments for blind and visually impaired children and teenagers. Our results suggest that blind persons with musical experience may be more sensitive to frequency differences and differences in timbre between two signals as well as may have better short-term auditory memory than blind people with no musical experience. Musical experience of visually impaired persons does not necessary lead to better performance in all conducted auditory tasks.

Exploiting the Marrakesh treaty to obviate copyright-related challenges on access to information by visually impaired people in academic libraries

Library Management ◽

10.1108/lm-10-2019-0071 ◽

2020 ◽

Vol 41 (4/5) ◽

pp. 235-246

Author(s):

Samuel Macharia ◽

Japheth Otike ◽

Emily K. Bosire

Keyword(s):

Visually Impaired ◽

Visual Impairments ◽

Copyright Law ◽

Access To Information ◽

Negative Effects ◽

Content Type ◽

Depth Analysis ◽

Access Information ◽

PurposeThe purpose of this paper is to explore the copyright law in relation to access to information by persons with visual impairments. It assesses the barriers placed by the copyright law on access to information by the visually impaired persons, and then the exceptions and limitations therein with a specific focus on Marrakesh treaty. It further explores the benefits conveyed by the Marrakesh treaty in relation to the challenges. Finally, the paper makes suggestions on methods that can be employed to make the Marrakesh treaty benefit the persons with visual impairments to the fullest.Design/methodology/approachThe paper reviews the copyright law and its requirements in relation to reproduction of copyrighted works, and then narrows down to the provisions of Marrakesh treaty as an exception in the copyright law. It then reviews existing literature on the challenges caused by copyright requirements on access to information by persons with visual impairments. Having looked at these two aspects, the paper then identifies from literature the benefits that come in the Marrakesh treaty in relation to access to copyrighted information by persons with visual impairments. Authors finally give their views on what can be done to make the treaty more beneficial to the visually impaired persons.FindingsThe paper finds that a there are many challenges that persons with visual impairments face while they seek to access information that is copyrighted, and these challenges cause both direct and indirect negative effects. However, looking at the provisions of the Marrakesh treaty against these challenges, the paper identifies the benefits that come with the treaty to avert the challenges.Originality/valueThis paper does an in-depth analysis of the copyright-related challenges that persons with visual impairments face while accessing copyrighted information, and derives solutions to these challenges from the Marrakesh treaty. The paper will be helpful to the librarians to make sure that none of their users continue to suffer from those challenges in this era of the Marrakesh treaty. The methods suggested herein for reaping as much as possible from the Marrakesh treaty will be beneficial to information managers toward fashioning ways of ensuring that persons with visual impairments are able to access information freely and easily.

Amending Chinese Copyright Law to Fulfil Obligations under the Marrakesh Treaty to Facilitate Access to Published Works for the Print Disabled

The China Quarterly ◽

10.1017/s030574101900033x ◽

2019 ◽

Vol 240 ◽

pp. 1066-1086

Author(s):

Jingyi Li ◽

Niloufer Selvadurai

Keyword(s):

Visually Impaired ◽

Copyright Law ◽

Law Reform ◽

Copyright Laws ◽

Copyright Exception ◽

AbstractChinese copyright laws have not yet given sufficient consideration to copyright exceptions or limitations to facilitate access to copyright works for persons with a print disability. Now that China has become a signatory party of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, it would be significant if China could amend its copyright laws so as to end the “book famine” for a huge population with a print disability. The objective of this paper is to evaluate the effectiveness of Chinese copyright exceptions for the print disabled and propose amendment options for China's copyright law to ensure compliance with its signatory obligations. To this end, the paper provides an overarching examination of China's copyright exception arrangements for the print disabled, identifies the gap between Chinese copyright laws and the Marrakesh Treaty, and analyses previous proposals on copyright law reform.