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

<p>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.</p>

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

<p>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.</p>

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

<p>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.</p>

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

<p>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.</p>

From Flexible Balancing Tool to Quasi-Constitutional Straitjacket—How the EU Cultivates the Constraining Function of the Three-Step Test

This chapter focuses on one of the most important hedges protecting strong intellectual property rights: the three-step test. This test forms part of the TRIPS Agreement and other international treaties, as well as EU law. It regulates the room for the adoption of limitations and exceptions to exclusive rights across different fields of IP. As a flexible compromise formula, the provision plays a crucial role at the intersection between IP protection and areas of freedom that serve competing economic, social, and cultural interests. The chapter then outlines the potential enabling and constraining functions of the three-step test in international and supranational copyright law and explores the way in which a potentially flexible international balancing tool has been converted into a powerful IP hedge. In particular, it looks at the embedding of the constraining function in EU law and the Marrakesh Treaty.

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

<p>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.</p>

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

<p>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.</p>

The Relevance of the CRPD and the Marrakesh Treaty to the Global South’s Book Famine

Coupled with the expansion of low-cost screen readers, digital format e-books have made worldwide reading equality an achievable dream. Nevertheless, copyright laws, industry practices, and lack of political will have resulted in a book famine that prevents persons with print disabilities across the globe from reading. The book famine is serious in the Global North, and even more critical in the Global South. The Convention on the Rights of Persons with Disabilities (CRPD), in combination with the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled (Marrakesh Treaty), have transformed international law so that the print disabled have equal rights to access books and attendant enabling implementation schemes. But will the human right to reading quality manifest in practice, especially in the resource-challenged Global South? This chapter analyzes the new sharing model and reflects on its potential impact.

Accession by Tanzania to the Marrakesh Treaty on Access to Publications for Visually Impaired Persons: Policy and Legal Implications

The accession by Tanzania to the Marrakesh Treaty has set up a new legal platform and benchmark which calls for national policy and regulatory review, particularly to the legislation governing copyright and rights of persons with disabilities. From its inception, copyright law hinges on a cautiously tailored regulatory approach calculated to accommodate competing interests of the copyright owners and users. The legislative thrust centers on devising a balanced approach cognizant of the need to promote artistic and literary creativity while at the same time making copyright law serve broader public interests. The Marrakesh Treaty was negotiated and subsequently adopted along the lines of public interest considerations. It seeks to create a defined legal framework that would facilitate access to the published materials and other information in accessible format for persons who are print disabled. Tanzania accessed the Treaty in the year 2020. Thus, this paper explores the policy and legislative implications to Tanzania pursuant to her accession to the Treaty. It concludes by highlighting that, a holistic policy and legislative review is necessary in order for Tanzania to fully adhere to its obligations under the Treaty.