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FAQ - Are there any new developments in copyright guidelines for access to journals by visually impaired people?

Answer

 

Introduction

Following the Copyright (Visually Impaired Persons) Act 2002, in certain circumstances it is possible to make copies of copyrighted works in formats suitable for Visually Impaired Persons (VIPs) without prior consent from the right(s) holder.  The Copyright Licensing Agency (CLA) Licence also provides for the making of enlarged photocopies for partially sighted staff and students.  See the Copyright (Visually Impaired Persons) Act 2002 for further details.

The term VIP (Visually Impaired Persons) includes someone:

  • who is blind or partially sighted; or
  • whose sight 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; or
  • who is unable, through physical disability to hold or manipulate a book or to focus or move his/her eyes to the extent that would normally be acceptable for reading.
It does not include people with dyslexia.
What can be copied?

 

It is possible to make single or multiple copies of the whole or part of a literary, dramatic, musical or artistic work in a format which is accessible to a VIP.

Making Single Copies:

  • The VIP must have lawful possession or use of an original copyright work i.e. to own, have borrowed or have access to a reference copy; and
  • the format needed by the VIP must not already be available commercially.
The copy may be made by the VIP or by someone else on his/her behalf.  If any charge is made, it must not exceed the cost of making and supplying the copy.
The copy must bear an acknowledgement, i.e. details of the author, title, edition, and the following statement:
"This is an accessible copy made under the terms of Section 31A of the Copyright, Designs and Patents Act 1988"
If the University makes an accessible copy for a visually impaired student or member of staff, it is possible for the copy to be returned to the University and stored for later use by another VIP, provided that the conditions as to lawful possession or use set out in the above continue to be met.
Making Multiple Copies:

The University, as an appointed body under the Act, may make multiple accessible copies for VIPs.  In order to make multiple accessible copies of the whole or part of a copyright work:

  • The University must have lawful possession or use of an original copyright work i.e. to own or have borrowed it, and 
  • the format needed by the VIPs must not already be commercially available.
The copy must bear an acknowledgement, i.e. details of the author, title, edition, and the following statement:
"This is an accessible copy made under the terms of Section 31B of the Copyright, Designs and Patents Act 1988"
Records must be kept of the accessible copies made and of the VIPs to whom they are supplied.  The right(s) holder(s) or a body which represents them must be notified within a reasonable time (not specified by the Act) of the accessible copies made.  The rights holder(s) or a body representing them must be permitted to inspect the records at any time, on their giving reasonable notice.
If any charge is made, it must no exceed making and supplying the copy.
If the original is in copy-protected electronic form, then as far as it is reasonably practicable to do so, the accessible copy must incorporate the same or equally effective protection unless the right(s) holder agrees otherwise.
The copies may be given or lent to VIPs.  If they are lent, then they can be returned to the University and stored for later use by other VIPs, provided that the conditions as to lawful possession or use set out above continue to be met.
The University must ensure that the accessible copies are used only for educational purposes of the University.
If, in the processes of production of the accessible copies, the University necessarily creates an intermediate copy e.g. an electronic copy, this can be kept solely in order to produce further accessible copies in the future.  The University must, however, continue to have lawful possession or use of the original work as set out above for it to hold an intermediate copy.  If the University ceases to have lawful possession or use, the intermediate copy would need to be destroyed.
Making Enlarged Photocopies under the CLA License
The CLA License permits the University to make enlarged photocopies i.e. at least 16 point, for visually impaired students and staff.  It is possible to copy the whole or part of a copyright work, provided that it is covered by the CLA License and is not on the CLA List of excluded categories and works.
New joint industry guidelines on copyright and visually impaired people are to become effective from 1 September 2001. The important message within the new guidelines is that it is no longer necessary to seek copyright permission when making only one version of a published work (books, magazines and journals), in whatever format is required, for use by visually impaired people. 

 


The Guidelines have been written by the Publishers Licensing Society (PLS), in collaboration with RNIB and are endorsed by rights holders' representatives. They include the Publishers' Association, Authors' Agents Association, Music Publishers Association and Ordnance Survey, which means it is now possible to produce single copies of sheet music and most maps, as well as literary work. 

The guidelines do not alter the legal situation but they should save some of the time and worry, as well as potential delays, which surround so much of the work done by teachers, librarians and transcribers. 

The Guidelines as drawn up by PLS are as follows:

  • 1. Visually impaired people who have lawfully obtained a copy of a published work, whether bought or borrowed, may make whatever transcription, copy or format changes they require to enable personal access to the work, including speech synthesis, braille, Moon, large print, single voice recording (speech), electronic file etc., provided the work is not readily commercially available in a suitable format.
  • 2. Visually impaired people may ask another person or organisation, including schools, libraries and charities, to create an accessible copy on their behalf, provided that any such copy is made for the personal use of the visually impaired person concerned only. This includes use for the purpose of work or study.
  • 3. A non-electronic copy e.g. single voice recording (speech) or a braille copy May be borrowed or exchanged among visually impaired people as if it were the print original itself.
  • 4. Electronic copies may be created and stored on a computer system for as long as required to enable personal use of the work while the original is retrained. They may not be made accessible or passed on to a third party or posted on an Intranet, in newsgroups or on the World Wide Web. If the original is lent, sold or given away, then any accessible copies and associated electronic files must be deleted or transferred with the original.
  • 5. Visually impaired people must respect the literary and artistic integrity of the work and any moral rights the author may have in the work. They must not in any way edit, alter, amend or distort the work, other than as required to enable full access, without the prior permission of the author or his or her designated representative.
  • 6. The copyright remains with the copyright owner. Rightsholders retain the right to exclude the use of certain formats in special circumstances and permission must be sought for such use from the relevant rightsholders.

More information on these guidelines can be found at http://www.pls.org.uk. 

 

Author: This FAQ was written by Susanne Young and does not reflect an official endorsement by the LTSN or any other organisation. Any questions or comments can be sent to: suzanne@medev.ac.uk New joint industry guidelines on copyright and visually impaired people are to become effective from 1 September 2001. The important message within the new guidelines is that it is no longer necessary to seek copyright permission when making only one version of a published work (books, magazines and journals), in whatever format is required, for use by visually impaired people.

The Guidelines have been written by the Publishers Licensing Society (PLS), in collaboration with RNIB and are endorsed by rights holders' representatives. They include the Publishers' Association, Authors' Agents Association, Music Publishers Association and Ordnance Survey, which means it is now possible to produce single copies of sheet music and most maps, as well as literary work.

The guidelines do not alter the legal situation but they should save some of the time and worry, as well as potential delays, which surround so much of the work done by teachers, librarians and transcribers.

The Guidelines as drawn up by PLS are as follows:

  • 1. Visually impaired people who have lawfully obtained a copy of a published work, whether bought or borrowed, may make whatever transcription, copy or format changes they require to enable personal access to the work, including speech synthesis, braille, Moon, large print, single voice recording (speech), electronic file etc., provided the work is not readily commercially available in a suitable format.
  • 2. Visually impaired people may ask another person or organisation, including schools, libraries and charities, to create an accessible copy on their behalf, provided that any such copy is made for the personal use of the visually impaired person concerned only. This includes use for the purpose of work or study.
  • 3. A non-electronic copy e.g. single voice recording (speech) or a braille copy May be borrowed or exchanged among visually impaired people as if it were the print original itself.
  • 4. Electronic copies may be created and stored on a computer system for as long as required to enable personal use of the work while the original is retrained. They may not be made accessible or passed on to a third party or posted on an Intranet, in newsgroups or on the World Wide Web. If the original is lent, sold or given away, then any accessible copies and associated electronic files must be deleted or transferred with the original.
  • 5. Visually impaired people must respect the literary and artistic integrity of the work and any moral rights the author may have in the work. They must not in any way edit, alter, amend or distort the work, other than as required to enable full access, without the prior permission of the author or his or her designated representative.
  • 6. The copyright remains with the copyright owner. Rightsholders retain the right to exclude the use of certain formats in special circumstances and permission must be sought for such use from the relevant rightsholders.

More information on these guidelines can be found at http://www.pls.org.uk.

Author: This FAQ was written by Susanne Young and does not reflect an official endorsement by the LTSN or any other organisation. Any questions or comments can be sent to: suzanne@medev.ac.uk

Last updated: 04 July 2011

 
 
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