Non-profit organizations that produce copies of works for persons with print disabilities should take note that on September 30, 2016, the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (the “Treaty”) came into force. The Treaty is an international treaty administered by the World Intellectual Property Organization (WIPO) that sets out minimum standards to which Treaty member-countries must adhere, and aims to facilitate access to copyright works for persons with print disabilities by providing the material in accessible formats. The Treaty establishes international norms that require countries to provide exceptions in their domestic copyright laws to facilitate the availability of works in accessible formats, including Braille, audiobooks, and large-print.
Prior to acceding to the Treaty, the Canadian Copyright Act (“Act”) was amended to include exceptions for people with print disabilities in line with the obligations of the Treaty. The amendments to the Act include a carve out exception to copyright infringement for “non-profit organizations” acting on behalf of persons with print disabilities, allowing them to make a copy of protected printed works accessible for persons with print disabilities, if the work is not commercially available in a similar format. Non-profit organizations are also permitted to share accessible works across borders with foreign non-profit organizations in member-countries that are acting for the benefit of persons with a print disability, provided that the work is not available in a similar format within a reasonable time, for a reasonable price, and with reasonable effort.
The Act defines “print disability” broadly as a disability that prevents or inhibits a person from reading a literary, musical, artistic or dramatic work in its original format and includes such a disability resulting from (a) severe or total impairment of sight or the inability to focus or move one’s eyes; (b) the inability to hold or manipulate a book; or (c) an impairment relating to comprehension.” The definitions are intentionally wide-ranging to allow for a variety of different types of copying, including making sound recordings, sign language, and Braille reproductions, to meet the needs of individuals with print disabilities.
Non-profit organizations in Canada that are looking to utilize these exemptions will still need to be cautious of the other provisions of the Act that continue to apply, such as the possibility of royalties to the original author of the work, and submitting reports on its activities. As such, prior to relying on these copyright infringement exceptions, non-profit organizations should seek advice from their legal counsel.