MAKING A CASE FOR COPYRIGHT INFRINGEMENT EXCEPTION FOR THE BLIND, VISUALLY IMPAIRED, AND/OR PRINT DISABLED COMMUNITY

Share This Post

Share on facebook
Share on linkedin
Share on twitter
Share on email
Share on whatsapp
Share on print

 

 

 

Franklin Okoro

 

  1. INTRODUCTION

Accessing written content, whether books, articles, or internet resources is usually challenging for the Blind, Visually Impaired, and Print Disabled community. These categories of people frequently rely on alternate formats, such as braille, audio recordings, or screen-reading software, to interpret written information. They regularly face barriers in their pursuit of knowledge and equal participation in society due to the limits of copyright law.

A “book famine” is defined as severe access constraints to published works in formats accessible by persons who have print disabilities. In essence, ‘book famine’ addresses categories of disabled persons who cannot read printed works in conventional ways, because they are blind, partially sighted, or dyslexic. The scarcity of books in friendly formats deprive such individuals of equal access to education, employment, and cultural participation.

Globally, there are about 285 million people who are blind or visually impaired, and an estimated 90 percent of them reside in low-income regions within developing and least developed countries. Regrettably, only 1 to 7 percent of books are available to them in a readable format.

This article seeks to assess issues of copyright limitations imposed on this community and the growing global movement advocating for exceptions to copyright law that take the unique needs of these individuals into account. Also, this article will examine the foundational and recent international treaties, legal frameworks and some case studies that address this gap and provide workable solutions that ensure access to knowledge and information as a primary right for this community.

To better serve the needs of the blind, visually impaired, and print disabled population, this article summarily discusses the pressing need for carefully analysing copyright infringement exceptions that could better serve the interests of the blind, visually impaired, and print disabled community.

  1. BRIEF EXPOSÉ ON THE ISSUES AND LIMITATIONS OF COPYRIGHT TO THE BLIND, VISUALLY IMPAIRED, AND PRINT DISABLED COMMUNITY

Copyright, in its most basic interpretation, essentially signifies the right to copy or duplicate a creative work. In cases where such a right is absent, it lays the foundation for unauthorised use and infringement, typically resulting in penalties when reported. To assert first ownership of a copyrightable work, one must prove that initial efforts have been expended in creating the work to give it an original character. Furthermore, the work must be recorded or documented in any medium of expression, making such work capable of being perceived, accessible, reproduceable, adaptable, or otherwise communicable, whether directly or with the assistance of machinery or other device.

The reproduction, adaptation, or publication of a copyrightable work under any copyright law, must be cleared, licensed, or assigned to ensure authorised use and valid transfer of copyright, ultimately making it accessible to end-users. The blind, visually impaired, and print disabled community falls within this category of end-users and organisations or individuals responsible for the reproduction, adaptation, or publication of copyrightable works for the benefit and use of this community are usually not armed with the necessary access rights/permissions, making them susceptible to copyright infringement actions. This setback goes further to limit the access of the blind, visually impaired, and print disabled community to essential information and learning resources, which puts this community at a disadvantage, especially with education and modern global trends.

According to learned commentators, “Research had indicated that with the exception of a few commercial publishers of large-print and audio books, most publishers did not find it economic to publish works adapted to suit the needs of visually impaired people. While rightsholders did not on the whole insist on a royalty for the making of such versions, the process of obtaining consents on a case-by-case basis was often a long-drawn-out and thus expensive process”.

These challenges have enabled the spread of several campaigns to advance and promote the rights and access to information for the blind, visually impaired, and print-disabled community. These efforts include an increasing worldwide movement advocating for revisions to copyright laws that consider the distinct requirements for the blind, visually impaired, and print-disabled community. There are also fundamental and existing international treaties, legal frameworks and case studies that address these issues and cater for the right of access to information for the blind, visually impaired, and print-disabled community.

  1. RIGHT OF ACCESS TO INFORMATION FOR THE BLIND, VISUALLY IMPAIRED, AND PRINT-DISABLED COMMUNITY UNDER EXISTING INTERNATIONAL TREATIES

The following international treaties provide some groundwork that recognises the right of access to information for the blind, visually impaired, and print-disabled community and has been ratified by member countries to bridge this gap and meet international standards of persons living with this disability and lacking access to information.

  1. United Nations Convention on the Rights of Persons with Disabilities, 2008

Article 9 of this Convention provides that “States Parties shall take appropriate measures to ensure that persons with disabilities have access, on an equal basis with others, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas”.

Article 21 of this Convention goes further to state that:

States Parties shall take all appropriate measures to ensure that persons with disabilities can exercise the right to freedom to seek, receive and impart information and ideas on an equal basis with others and through all forms of communication of their choice, including by:

  1. Providing information intended for the general public to persons with disabilities in accessible formats and technologies appropriate to different kinds of disabilities in a timely manner and without additional cost;
  2. Accepting and facilitating the use of sign languages, Braille, augmentative and alternative communication, and all other accessible means, modes and formats of communication of their choice by persons with disabilities in official interactions;
  3. Urging private entities that provide services to the general public, including through the Internet, to provide information and services in accessible and usable formats for persons with disabilities.

Also, Article 30 of this Convention requires States Parties to take all appropriate measures to ensure that persons with disabilities enjoy access to cultural materials, television programmes, films, theatre, and other cultural activities, in accessible formats and in accordance with international law, to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials.

  1. The Copyright and Information Society Directive, 2001/29

Recital 43 of this Directive provides that it is “important for the Member States to adopt all necessary measures to facilitate access to works by persons suffering from a disability which constitutes an obstacle to the use of the works themselves, and to pay particular attention to accessible formats”. The Directive therefore permits Member States to provide an exception to the reproduction right, the communication to the public right and the distribution right, in the case of uses for the benefit of people with a disability, which are directly related to the disability and of a non-commercial nature, to the extent required by the specific disability. The exception to the distribution right is permitted only to the extent justified by the purpose of the authorised act of reproduction.

  1. The Marrakesh Treaty 2013is one of the latest agreements addressing access to information for the blind, visually impaired, and print-disabled community. It was specifically created to facilitate access to published copyrightable works for persons who are blind, visually impaired, or otherwise print-disabled. This treaty has served as a recent and existing international guideline and standard for local copyright laws that factor in a copyright infringement exception on reproduced or published works for the blind, visually impaired, and print-disabled community.

The Marrakesh Treaty was signed on the principles of non-discrimination, equal opportunity, accessibility and full and effective participation and inclusion in society, proclaimed in the Universal Declaration of Human Rights and the United Nations Convention on the Rights of Persons with Disabilities. The Marrakesh Treaty also recognizes that, despite the differences in national copyright laws, the positive impact of new information and communication technologies on the lives of persons with visual impairments or with other print disabilities may be reinforced by an enhanced legal framework at the international level. The Treaty also acknowledges both the importance of rightsholders’ role in making their works accessible to persons with visual impairments or with other print disabilities and the importance of appropriate limitations and exceptions to make works accessible to these persons.

The primary objectives of the Marrakesh Treaty are as follows:

  1. The Treaty aims to eliminate legal obstacles that hinder the reproduction of books into accessible formats by obligating member countries to introduce one or more copyright exceptions in their local Acts or Laws to that effect.These exceptions now enable various actions to be carried out, designed to cater to the needs of “beneficiaries”, without constituting copyright infringement. Beneficiaries encompass individuals with print disabilities, and all those who face physical disabilities that hinder their ability to read, ensuring their interests are served through these exceptions. The significance of such provisions can be noted in India for example, where prior to the ratification of the treaty, the country only had about 200-300 books in accessible formats, contrasted with the current number of almost 5 million books in accessible formats after their ratification of the Treaty in 2014.
  2. The Treaty also recognizes that copyright exemptions alone are insufficient as they do not facilitate cross-border sharing of materials. For instance, Spain is reported to have approximately 100,000 accessible books, whereas Argentina has only about 25,000 of such books. But Spain’s accessible books cannot be exported legally to Argentina or to other Spanish-speaking countries.Therefore, by establishing an international legal framework, the treaty makes provisions for countries to exchange accessible format copies, thus expanding the collective pool of accessible works. This improves greater accessibility and collaboration among countries and promotes wider access to materials for individuals with print disabilities.

Over the years, around 120 countries in the world have joined the Treaty, of which 42 are in Europe, including the following countries from outside the European Union: Russia, Moldova, Switzerland, Serbia, Belarus, and other parts of the world that include, India, El Salvador, United Arab Emirates, Uganda​, Lesotho, Ghana, Dominican Republic, Jordan, Zimbabwe, Tanzania, Central African Republic, Côte d’Ivoire. Various countries, like the USA., the U.K., and Nigeria, have also taken steps to domesticate and implement the provisions of the Treaty.

Nigeria deposited its instrument of ratification of this Treaty with WIPO on the 4th of October 2017, and the Treaty came into force in Nigeria on the 4th of January 2018. The United States of America (USA) joined the Marrakesh Treaty as its 50th member on the 8th of February 2019, as it deposited its instrument of ratification of this Treaty with WIPO, and the Treaty came into force in the United States on the 8th of May 2019. The United Kingdom (U.K.) officially ratified the Marrakesh Treaty in October 2020, and the Treaty came into force in the U.K. on the 1st of January 2021, coinciding with the conclusion of the post-Brexit transition period.

    1. MARRAKESH TREATY VIS-À-VIS THE COPYRIGHT ACTS OF THE U.S.A., U.K., AND NIGERIA

4.1 United States of America

Before the enactment of the Marrakesh Treaty, the USA already had in place exceptions in its Copyright Law, allowing certain authorised entities to provide published works in accessible formats to those who have print disabilities. This exception was explicitly contained in Section 121 of the USA Copyright Act 1976 (the 1976 Copyright Act). It was nicknamed the “Chaffee Amendment”, and it allows entities such as the National Library Service for the Blind and Printed Disabled (NLS) to provide braille and audio-book versions for visually impaired persons without infringing copyright.

Since Section 121 of the 1976 Copyright Act already covered this copyright infringement exception, the Marrakesh Treaty only introduced some slight adjustments to the existing 1976 Copyright Act after it was amended by the Marrakesh Treaty Implementation Act (M.T.I.A.). The M.T.I.A. changed some of the key terms and definitions in Section 121 of the 1976 Copyright Act to comply with the intentions of the Marrakesh Treaty. For example, the term “blind or other persons with disabilities” is replaced with “eligible persons,” which encompasses all those who are blind, have perceptual or reading disabilities or have physical disabilities affecting their ability to read.

Section 121 of the 1976 Copyright Act previously only applied to “non-literary dramatic works”. However, the M.T.I.A. has now expanded the scope of works that authorised entities can copy to include all literary and musical works in textual or notational form.

Most importantly, the M.T.I.A.  adds a new section to the 1976 Copyright Act, Section 121A, which allows authorised entities to both export and import works in accessible formats between the United States and other countries that have signed or assented to the Marrakesh Treaty. It also lays down the rules and guidelines governing such exchange of materials.

4.2 United Kingdom

The U.K. also had a similar copyright exception provision in its copyright legislation, the Copyright, Designs and Patents Act 1988 (the U.K 1988 Act), which allowed the blind, visually impaired, and print-disabled people and organisations acting on their behalf to make copies of copyrightable works in accessible formats without infringing its copyright law.

After adopting the Marrakesh Treaty, new amendments were introduced to the U.K.’s copyright law following the E.U.’s Marrakesh Directive in 2018. Notably, this occurred when the U.K. had to leave the E.U. because of Brexit, so the nation opted to ratify the Treaty in its national capacity.

The UK first published the Copyright and Related Rights (Marrakesh Treaty Etc.) (Amendment) Regulations 2018 and then updated these regulations with another instrument titled the Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019, which entered into force on January 1st, 2021.

The amendment updated and introduced comprehensive provisions, Section 31A – 31F to the 1988 U.K. Copyright Act, including conditions under which authorised bodies may make and supply accessible copies of works for the use of disabled persons, without infringing copyright. Some of these conditions are:

      1. Copies must be distributed or made available for the personal use of disabled persons in the United Kingdom and on a non-profit basis;
      2. “An authorised body which has made an accessible copy of a work may communicate, make available, distribute, or lend it to another authorised body established in the United Kingdom which is entitled to make accessible copies of the work for the purposes of enabling that other body to make accessible copies of the work”;
      3. Records of copies made, and recipients to whom copies are dispatched, in the case of both national and international deliveries, must be maintained and accessible for inspection.

4.3 Nigeria

Nigeria already considered the right of access to information for the blind, visually impaired, and print-disabled community by providing a copyright infringement exception in its previous Copyright Law. This consideration was before the Marrakesh Treaty and contained in Paragraph (s) of the Second Schedule to the initial Copyright Act, which provided that:

“The right conferred in respect of a copyrightable work does not include the right to control –

the reproduction of published work in braille for the exclusive use of the blind, and sound recordings made by institutions or other establishments approved by the Government for the promotion of the welfare of other disabled persons for the exclusive use of such blind or disabled person.”

This concise clause from the former Act continued to govern accessibility concerns for visually impaired individuals until the enactment of a new Nigerian Copyright legislation. With the passage of the new Nigerian Copyright Act 2022 (the 2022 Act), it marked a significant shift in the legal framework and introduced extensive provisions to better serve the needs of the visually impaired population in Nigeria in consonance with the country’s international obligations.

Section 26 of the Nigerian Copyright Act 2022 covers special copyright exceptions designed to benefit the blind, visually impaired, or otherwise print-disabled persons and further outlines comprehensive requirements that align with Nigeria’s commitments under the Marrakesh Treaty.

Under section 26 (1) of the 2022 Act, an authorised entity can create accessible format copies of copyrighted works without the copyright owner’s permission and provide these copies to beneficiary persons, as long as:

  1. the authorised entity has lawful access to the original copyrighted work;
  2. the work is converted into an accessible format copy;
  3. the accessible format copy is exclusively used by beneficiary persons;
  4. the activities of the authorised entity are conducted on a non-profit basis.

For the purposes of ensuring that the accessible format copy is exclusively used by beneficiary persons, an authorised entity must establish and follow its own practices to:

  1. confirm that the persons it serves qualify as beneficiary persons;
  2. limit its distribution and making available of accessible format copies to individuals that qualify as beneficiary persons or other authorised entities;
  3. discourage the reproduction, distribution and making available of unauthorised copies;
  4. maintain records of their handling of copies while respecting the privacy of beneficiary  persons.

These practices seek to protect authorised publishers and printers and ensure safeguards against abuses when reproducing, distributing, and making available authorised copyrighted copies to the blind, visually impaired and print-disabled community.

A beneficiary person, including a person acting on behalf of a beneficiary person (i.e., a primary caretaker or caregiver), can make accessible format copies of works for their personal use if they have lawful access to the original copyrighted work.

In fulfilling one of the primary objectives of the Marrakesh Treaty, as earlier stated, the Nigerian Copyright Act 2022 makes provisions that facilitates cross-border sharing of materials with Marrakesh Treaty countries. Section 26 (5) & (6) of the 2022 Act addresses this objective. It states:

An authorised entity may, without the permission of the owner of a copyright, distribute or make available accessible format copies to an authorised entity in another country for the exclusive use of beneficiary persons or to a beneficiary person in another country, provided that prior to the distribution or making available, the authorised entity did not know or have reasonable grounds to know that the accessible format copy would be used other than for the beneficiary persons.

An authorised entity, a beneficiary person or a person acting on his behalf including a primary caretaker or caregiver, may without the permission of the owner of copyright import an accessible format copy, including by wire or wireless means.

A “beneficiary person” is extensively treated as someone who is blind, visually impaired or has a perceptual or reading disability that cannot be substantially improved to match the reading abilities of a person without such impairments. This person should be unable to read printed materials to the same extent as someone without these disabilities or faces physical challenges that prevent them from holding a book or concentrating their eyes as they would when reading.

Under this dedicated section, it is essential to note that the interpretation of “copyrighted works” that should be reproduced, distributed or made available to the beneficiary person only includes literary and artistic works in the form of text, notation or related illustrations that are not available in accessible formats. Although restrictive, in terms of access to other types of copyrightable works like musical works in textual or notational form e.g. sheet music, music scores etc., paragraph P of Section 20 (1) of the 2022 Act without prejudice expands the scope of works to include the other types of copyrightable works that should be made accessible and for the benefit of persons with disabilities and of a non-commercial nature, to the extent required by the specific disability.

Additionally, according to Section 26 (1) (a) of the 2022 Act, authorised entities wishing to engage in activities related to providing, procuring, or supplying accessible format copies of works to beneficiary persons must possess lawful access to those works. Contrarily, the opening clause of this section specifies that such authorised entities may make accessible format copies available to beneficiary persons without seeking the copyright owner’s permission. Article 4(2)(a)(i) of the Marrakesh Treaty 2013 has a similar provision. This inconsistency in the interpretation of the section creates uncertainty concerning the clearance and authorization of copyrighted works before making them accessible to individuals who are blind, visually impaired, or print-disabled. It is recommended that this conflicting requirement be reviewed and harmonized in future copyright laws or through amendments to the copyright regulations issued by the Nigerian Copyright Commission.

The 2022 Act also fails to acknowledge the economic rights of copyright holders concerning the authorised use, reproduction, distribution, and accessibility of their copyrighted works for the benefit of the blind, visually impaired, or print-disabled community. Section 17 of the 2022 Act guarantees the economic right of a copyright holder as an inalienable right to share in the proceeds of the sale of any original work. In contrast, Article 4 (5) of the Marrakesh Treaty considers the issue of remuneration to be determined by national laws of contracting countries, ‘It shall be a matter for national law to determine whether National Law Limitations and Exceptions Regarding Accessible Format Copies are subject to remuneration’. It is the opinion of this writer that future copyright laws or regulations should consider the financial well-being of a copyright holder by adopting a compensation mode in this regard.

Generally, Section 26 of the Nigerian Copyright Act 2022 has garnered recognition and appreciation by several disability societies and agencies throughout Nigeria. The Director General of the Nigerian Copyright Commission even noted that the 2022 Act meets the demands of rights owners as well as the needs of persons living with disabilities, enabling more visually impaired Nigerians to access published materials.

  1. BRIEF OVERVIEW OF CASES STUDIES RELATED TO THE MARRAKESH TREATY
    • Blind SA v. Minister of Trade, Industry and Competition & Ors. (2022)

An N.G.O. representing blind and similarly disabled persons in South Africa (Blind SA) instituted an action against relevant governmental ministries and an executive arm of government to challenge the existing Copyright laws for their failure to align with international standards of meeting the accessibility needs of the blind and visually impaired persons to copyrighted materials. The N.G.O. raised the issue of lack of access to educational materials for the blind and similarly disabled persons by virtue of the extant provisions of the copyright law, which do not provide exceptions to copyright protection in favour of the blind and similarly disabled persons.

The court in its decision declared those sections of the Copyright Act as unconstitutional to the extent that it limits or prevents persons with visual and print disabilities from accessing works protected by copyright, in ways that persons without such disabilities would be able to access. These shortcomings failed to uphold the rights to equality, dignity, and basic education of the blind and similarly disabled persons. The Court further ruled by reading a temporary provision in the existing Copyright Act that will allow the making of accessible format copies of literary works in certain specified circumstances without needing to obtain the consent of the copyright owner.

This South African case presents a unique situation in the sense that while the country has not officially ratified the Marrakesh Treaty, its judiciary, in a forward-looking decision, has enforced the core objective of the Marrakesh Treaty, which is the promotion of the rights of the blind and similarly disabled persons to access copyrighted materials.

  • Authors Guild, Inc. v. HathiTrust (2012)

This U.S. case revolves around the HathiTrust Digital Library, a digital repository created by several universities to preserve and provide access to their extensive collections of books. HathiTrust digitized millions of books, many of which were still under copyright protection, as part of their preservation and accessibility efforts. The Authors Guild, along with individual authors and other organizations, filed a lawsuit against HathiTrust, alleging that the digitization of these copyrighted works without the copyright owners’ permission infringed on their copyrights.

In 2012, the U.S. District Court ruled in favor of HathiTrust, stating that their digitization activities fell under the doctrine of fair use. The court reasoned that HathiTrust’s actions were for the purposes of creating accessible copies for people with print disabilities and for conducting text analysis for scholarly and research purposes.

The Authors Guild appealed the decision, but in 2014, the U.S. Court of Appeal for the Second Circuit upheld the District Court’s decision, affirming that HathiTrust’s digitization efforts were protected under fair use.

  1. CONCLUSION

The Marrakesh Treaty, without doubt, is a historic international agreement receiving recognition for being one of WIPO’s most quickly implemented treaties. It holds great significance as it aims to address the “book famine” experienced by visually impaired individuals globally while bridging the accessibility gap. This Treaty’s primary goal is to empower visually impaired individuals by facilitating their access to a diverse array of literary and educational works.

Before the Treaty’s ratification, several countries had already incorporated various provisions in their local copyright laws to safeguard the rights of the blind, visually impaired, or print-disabled individuals in accessing copyrighted materials. In this context, we have explored the specific cases of the USA, UK, and Nigeria. Notably, the Marrakesh Treaty’s most significant contribution lies in its facilitation of cross-border information exchange and transfer which significantly improves the Treaty’s scope and impact.

The Marrakesh Treaty connects with several of the United Nations Sustainable Development Goals (SDGs), but primarily SDG 4 (Quality Education) and SDG 10 (Reduced Inequalities). It promotes inclusive and equitable quality education by ensuring that people who are blind, visually impaired, or otherwise print-disabled have access to a broader range of educational resources in accessible formats, such as braille or audiobooks. The Treaty equally aims to reduce inequalities by addressing the “book famine” that affects individuals with print disabilities.

Contracting countries of the Marrakesh Treaty are expected not only to adopt, enact, and incorporate the Treaty into its national laws but also implement same and engage relevant stakeholders to create a workable and suitable environment to foster sufficient access to information that will better serve the needs of the blind, the visually impaired and print-disabled community.

_______________________________

For further information on this article and area of law, please contact
Franklin Okoro at
S. P. A. Ajibade & Co., Lagos by
Telephone (+234.1.270.3009; +234.1.460.5091), Fax (+234 1 4605092)
Mobile (+234 706.054.1804, +234.811.389.8102)
Email: fokoro@spaajibade.com
www.spaajibade.com

Footnote

  1. Franklin Okoro, Associate, Intellectual Property and Technology Department, S.P.A. Ajibade & Co., Lagos, Nigeria.
  2. Dao Thu Huong and Kazuyuki Uji (2022), “Major steps being taken to end the ‘book famine’”, available at https://www.undp.org/vietnam/blog/major-steps-being-taken-end-book-famine, accessed 14th September, 2023.
  3. World Intellectual Property Organization (WIPO),The Marrakesh Treaty – Helping to end the global book famine, 2016, available at https://www.wipo.int/edocs/pubdocs/en/wipo_pub_marrakesh_overview.pdf, accessed 14th September, 2023.
  4. Section 2 (2) (a) & (b) of the Nigerian Copyright Act, 2022, Federal Republic of Nigeria Official Gazette, No. 56 Lagos – 27th March 2023, Vol. 110, Act No. 8., page A179-243.
  5. K.M. Garnett, G. Davies, and G. Harbottle, Copinger and Skone James on Copyright, 16th Ed. Vol. 1, p. 581., Thomson Reuters (Legal) Limited trading as Sweet & Maxwell publishers, 2011.
  6. The Convention on the Rights of Persons with Disabilities and its Optional Protocol (A/RES/61/106).
  7. Article 9, United Nations Convention on the Rights of Persons with Disabilities, 2008, available at https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities/article-9-accessibility.html, accessed 14th September, 2023.
  8. Article 21, United Nations Convention on the Rights of Persons with Disabilities, 2008, available at https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities/article-21-freedom-of-expression-and-opinion-and-access-to-information.html, accessed 14th September, 2023.
  9. Article 30, United Nations Convention on the Rights of Persons with Disabilities, 2008, available at https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities/article-30-participation-in-cultural-life-recreation-leisure-and-sport.html, accessed 14th September, 2023.
  10. The Copyright and Information Society Directive 2001 (2001/29) is a directive in European Union law that was enacted to harmonise aspects of copyright law across Europe, such as copyright exceptions.
  11. Recital 43 of the Copyright and Information Society Directive, 2001/29, available at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32001L0029, accessed 14th September, 2023.
  12. Article 5(3)(b) and (4) of the Copyright and Information Society Directive, 2001/29, available at https://www.legislation.gov.uk/eudr/2001/29/article/5#commentary-c000003, accessed 14th September, 2023.
  13. World Intellectual Property Organization [WIPO], Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled, 2013, available at http://www.wipo.int/edocs/mdocs/diplconf/en/vip_dc/vip_dc_8.pdf, accessed 14th September, 2023.
  14. Ibid. The Preamble, p. 2.
  15. Article 4(2), National Law Limitations and Exceptions Regarding Accessible Format Copies, World Intellectual Property Organization [WIPO], Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled, 2013.
  16. Dao Thu Huong and Kazuyuki Uji (2022), “Major steps being taken to end the ‘book famine’”, available at https://www.undp.org/cambodia/blog/major-steps-being-taken-end-book-famine, accessed 22nd September 2023.
  17. Laurence R. Helfer et al (2013), ‘The World Blind Union Guide To The Marrakesh Treaty Facilitating Access to Books for Print-Disabled Individuals’, Forward, p. 13, available at https://www.wipo.int/edocs/mdocs/copyright/en/wipo_cr_mow_17/wipo_cr_mow_17_topic_2_c.pdf accessed 22nd September 2023.
  18. Article 5(1), Cross-Border Exchange of Accessible Format Copies, World Intellectual Property Organization [WIPO], Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled, 2013.
  19. See, https://www.euroblind.org/campaigns-and-activities/current-campaigns/marrakesh-treaty accessed 22nd September 2023.
  20. See, https://www.wipo.int/treaties/en/notifications/marrakesh/treaty_marrakesh_33.html#:~:text=Ratification%20by%20the%20Federal%20Republic%20of%20Nigeria,-The%20Director%20General&text=The%20said%20Treaty%20will%20enter,%2C%20on%20January%204%2C%202018. accessed 22nd September 2023.
  21. See https://www.copyright.gov/legislation/2018_marrakesh_faqs.pdf accessed 22nd September 2023.
  22. See https://www.euroblind.org/campaigns-and-activities/current-campaigns/marrakesh-treaty accessed 22nd September 2023.
  23. The U.S. Copyright Act of 1976, 17. U.S.C. §§ 101 et seq. (consolidated version as of December 2011), Copyright Law of the United States and Related Laws Contained in Title 17 of the United States Code, pp. 98-99, https://www.wipo.int/edocs/lexdocs/laws/en/us/us352en.pdf accessed 27th September 2023.
  24. See, https://aem.cast.org/acquire/chafee-amendment accessed 27th September 2023.
  25. See, https://copyright.gov/legislation/2018_marrakesh_faqs.pdf accessed 27th September 2023.
  26. United States Copyright Office, Amendments to the Copyright Act as a result of the Marrakesh Treaty Implementation Act, October 2018,https://copyright.gov/legislation/2018_marrakesh_amendments.pdf accessed 27th September 2023.
  27. The U.S. Copyright Act of 1976, 17. U.S.C. §§ 101 et seq. (consolidated version as of December 2022), Copyright Law of the United States and Related Laws Contained in Title 17 of the United States Code, pp. 137-139, https://www.copyright.gov/title17/title17.pdf accessed 27th September 2023.
  28. UK Public General Acts, 1988, c. 48.
  29. See, https://www.legislation.gov.uk/uksi/2018/995/contents accessed 27th September 2023.
  30. See, https://www.wipo.int/wipolex/en/legislation/details/20705 accessed 27th September 2023.
  31. Copyright, Designs and Patents Act 1988 – Consolidated, pp. 51 -54, available at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/957583/Copyright-designs-and-patents-act-1988.pdf,accessed 27th September 2023.
  32. Section 31B (1), 1988 U.K. Copyright Act – Consolidated.
  33. Section 31B (9), 1988 U.K. Copyright Act – Consolidated.
  34. Section 31BB (4), 1988 U.K. Copyright Act – Consolidated.
  35. Nigerian Copyright Act, 1988, Cap. C28, Laws of the Federation of Nigeria (L.F.N.), 2004.
  36. Ibid., Second Schedule.
  37. Nigerian Copyright Act, 2022, Federal Republic of Nigeria Official Gazette, No. 56 Lagos – 27th March 2023, Vol. 110, Act No. 8.
  38. Section 26 (2), Nigerian Copyright Act, 2022.
  39. Section 26 (3) & (4).
  40. Section 26 (7) (d), Nigerian Copyright Act, 2022.
  41. Ibid., Section 26 (7) (a).
  42. World Intellectual Property Organization [WIPO], Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled, 2013, p. 4, available at http://www.wipo.int/edocs/mdocs/diplconf/en/vip_dc/vip_dc_8.pdf, accessed 29th September, 2023.
  43. World Intellectual Property Organization [WIPO], Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled, 2013, p. 5 available at http://www.wipo.int/edocs/mdocs/diplconf/en/vip_dc/vip_dc_8.pdf, accessed 29th September, 2023.
  44. See, https://www.thecable.ng/ncc-copyright-law-will-enable-more-visually-impaired-nigerians-access-published-materials accessed 29th September 2023.
  45. Blind SA v Minister of Trade, Industry and Competition and Others [2022] ZACC 33. See https://www.wipo.int/wipolex/en/judgments/details/1539 &
  46. https://collections.concourt.org.za/bitstream/handle/20.500.12144/36956/%5bJudgment%5d%20CCT%20320-21%20Blind%20SA.pdf?sequence=37&isAllowed=y accessed 29th September 2023.
  47. See, https://www.adams.africa/intellectual-property/copyright/blind-sa-vs-minister-of-trade-industry-competition-others/ accessed 29th September 2023.
  48. 902 F. Supp. 2d 445, 465 (S.D.N.Y. 2012).
  49. Authors Guild, Inc. v. HathiTrust, 755 F.3d 87, 103 n.7 (2d. Cir. 2014).
  50. See https://www.copyright.gov/fair-use/summaries/authorsguild-hathitrust-2dcir2014.pdf, https://casetext.com/case/authors-guild-inc-v-hathitrust-1 accessed 29th September 2023.
  51. Sustainable Development Goals (SDGs), United Nations General Assembly, Transforming our world: the 2030 Agenda for Sustainable Development (2015), A/RES/70/1, available at: https://www.refworld.org/docid/57b6e3e44.html accessed 29th September 2023.
  52. See, https://www.globalgoals.org/goals/4-quality-education/ accessed 29th September 2023.
  53. See, https://www.un.org/sustainabledevelopment/inequality/ accessed 29th September 2023.

 

Subscribe To Our Newsletter

Get updates and learn from the best

More To Explore