Copyright Act 1994

69 Provision of Braille copies of literary or dramatic works

  • (1) A body prescribed by regulations made under this Act may, if the conditions contained in subsection (2) are complied with, make or communicate copies or adaptations of published literary or dramatic works for the purpose of providing persons who have a print disability with copies that are in Braille or otherwise modified for their special needs, without infringing copyright in those literary or dramatic works.

    (2) The conditions referred to in subsection (1) are—

    • (a) that the prescribed body has made reasonable efforts to obtain a copy of the complete work, in Braille or otherwise modified as required by the person or persons to whom it is to be provided, within a reasonable time at an ordinary commercial price, but has been unable to do so; and

    • (b) that the copies are provided only to persons having a print disability; and

    • (c) that, where any body makes a copy or adaptation of a published literary or dramatic work under this section, the body shall, as soon as is reasonably practicable, take all reasonable steps to notify the owner of the copyright in the work of the making of the copy or adaptation; and

    • (d) that, where any person to whom a copy is provided is required to pay for the copy, the payment required is no higher than a sum consisting of the total cost of the production of the copy and a reasonable contribution to the general expenses of the prescribed body.

    (3) A body shall not be prescribed for the purposes of subsection (1) if it is established or conducted for profit.

    (4) For the purposes of this section, a person has a print disability if he or she—

    • (a) is blind; or

    • (b) suffers severe impairment of his or her sight; or

    • (c) is unable to hold or manipulate books; or

    • (d) is unable to focus or move his or her eyes; or

    • (e) suffers a handicap with respect to visual perception.

    Section 69(1): amended, on 31 October 2008, by section 40 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).