EMI to appeal Kookaburra case
Copyright Society seminar: All change for the Digital Economy? Some observations from the history of copyright
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Q&As for people with a disability
This information is for general guidance only; it is not legal advice.
First read:
copyright basics webpage
| question | date | answer | more | QA |
|---|---|---|---|---|
| I have a print disability. Can I use a scanner and OCR program to get access to a printed book? | 16/4/2007 | “Format-shifting” If you own a non-infringing copy of the printed book, you are entitled to make a single copy of it in a different format for personal use, to use instead of the printed copy (“format-shifting”). However, the exception to infringement does not apply if the copy is sold, rented or reproduced, or if you give or sell the printed book to anyone else. “Special case” exception In some cases an individual with a print disability may be able to rely on the new “special case” exception to scan a book he or she does not own, or to get someone else to scan it, in order to access it. The “special case” exception will only apply, however, if the use of the book in this way:
The special case exception would permit you to make a copy in an accessible for another individual with a print disability (or pass on your copy) provided all conditions were met, but we consider it would not permit you, for example, to upload your copy to a website for general access by people with print disabilities, as this could unreasonably prejudice the legitimate interests of the copyright owner. | QA0209 | |
| Can I share files containing scanned books with my friends who are also blind? | 16/4/2007 | When you “share” electronic files, you in fact reproduce the files. If you email the files to others, or make them available online, you may also be “communicating” them. Using copyright material in either of these ways generally requires the permission of the copyright owner, unless an exception to infringement (such as fair dealing for research or study) applies, or copyright has expired. If you have relied on the “format-shifting” exception to scan a book you own, you are not entitled to make any further copies either from the printed copy or from your scanned copy. If you do so, even your own scanned copy will become an infringing copy. Section 200AB may allow you to make copies of scanned books for other individuals with a print disability, but would not allow you to make the files widely available. Whether or not the exception applies will depend on the circumstances of each case. | QA0210 |