JISC legal presented an online webinar on 8 July 2014, focusing on the disability exception in the light of the copyright changes that came into effect on 1 June 2014. (See more information via the links below.)
In general, ‘restricted acts’ under copyright law refer to “copying, adapting, transmitting, disseminating and communicating a work to the public” (JISC seminar). To do any of these things, one must either be the copyright holder, or get permission from the copyright holder, or have permission via a licence such as the CLA or creative commons. If you are going to create an accessible version of a work for a disabled person, then you do not need to request permission, since this need is covered under the disability exception.
The main changes to the disability exception (since 1 June 2014) are the following:
- It now includes ALL disabilities, not only visual impairment
- It now includes ALL works, including broadcasts and performances
- A contract term (such as a publisher’s contract) is now unenforceable if it restricts what you can do under the revised law – this does not give you carte blanche – you must have lawful use or possession of the work to start with and the accessible version must be for disabled persons only.
What hasn’t changed?
- The exception applies only where you have lawful possession or use of the work to start with
- Digital Rights Management (DRM)/Technical Protection Measures (TPM) issues are not addressed
- An accessible copy cannot be made available generally – it is restricted to those who need it
- An accessible commercial version must be used if available – but now this must be at reasonable cost
- Reporting and record keeping provisions remain (except for one individual student – in this case you do not need to report or acknowledge at all)
- Excellent video: Top five things to tell your lecturers: http://vimeo.com/96794379
- JISC Legal FAQs: http://www.jisclegal.ac.uk/Home/AllFAQs.aspx
- JISC Legal: copyright changes: http://www.jisclegal.ac.uk/ManageContent/ViewDetail/ID/3541/Helping-You-With-The-Forthcoming-Copyright-Changes.aspx
- Copyright online course for university staff: http://www.jisclegal.ac.uk/Training/OnlineCopyrightCourse.aspx
- Bodleian Libraries quick guide to copyright: http://www.bodleian.ox.ac.uk/bodley/using-this-library/copyright
- Oxford Brookes University guide to copyright: https://www.brookes.ac.uk/library/copyright/photocopylaw.html
- The Open University guide to copyright: http://www.open.ac.uk/infoskills-researchers/copyright.htm