An FAQ on the Copyright Amendment Bill, 2012, for the Benefit of Persons with Disabilities

1. Who does this amendment benefit?
   This amendment benefits all persons with disabilities who cannot enjoy works in their normal format thus amongst others it would cover totally blind, low vision, learning disabled, the deaf and hard of hearing and orthopedically challenged people who are unable to hold books or turn its pages.
2. What can be done now that was not possible earlier? 
   Persons with disabilities who cannot access a work in their normal format and organizations can suitably modify a work so as to make it accessible to meet the specific needs of the person with disability. This means that a standard printed book, for example may be converted to an alternate format (not necessarily a special format) including Braille, large font, text readable by screen reader, audio (be it synthetic audio or human voice recording) without seeking the permission of the rights holder.
3. How is this different? 
   In the past, any alternate format creation would have been an infringement unless it was backed up by prior written permission from the rights holder. One had to seek the permission if one had to be on the right side of the law. Now these permissions are not needed for non-profit conversion and distribution.
4. Are there any restrictions? Yes, there are reasonable restrictions such as:
   (a) conversion should be a not for profit activity. In case it is a for profit activity, there is a separate clause under which a special license can be obtained.- 
   (b) The accessible format copy has to be distributed to a bonafide print impaired person or organizations that serve them.
   (c) reasonable precaution need to be taken by all that the accessible copy is not misused commercially.
5. What is the meaning of a “work”?
   A work means:
   (a) a literary, dramatic, musical or artistic work;
   (b) a cinematograph film;  
   (c) and a sound recording;
   It includes all works which are available in India in the normal channels of business.
6. What activities are permitted for the benefit of persons with disabilities?
   The adaption, reproduction, issue of copies or communication to the public of any work in any accessible format to facilitate persons with disability to access works.
7. Is permission required from publishers to undertake the above activities?
   No, permission from publishers are not required to undertake the above activities subject to the points given below.
8. What are “accessible formats”?
   Accessible formats include, Braille, audio (be it synthetic audio or human voice recording), Daisy, accessible pdf, large print, movies with subtitles etc.
9. What is the meaning of “adaption”?
   “Adaption” in relation to any work, mean any use of such work involving its re-arrangement or alteration. Conversion of a work into an accessible format would be treated as an adaption
10. What is the meaning of “communication to the public”?
    "Communication to the public" means making any work available for being seen or heard or otherwise enjoyed by the public directly or by any means of display or diffusion other than by issuing copies of such work. This includes making the accessible format copy available over the Internet or distributing it from a website.
11. Who can create and distribute accessible formats?
    (a) Any person can create and distribute accessible formats if it is done for facilitating access by persons with disabilities. Parents, friends and persons with disabilities themselves can create accessible formats.
    (b) An organization working for the benefit of the persons with disabilities can also create and distribute accessible formats.
12. Are there any preconditions on the type of organization that can undertake the activities?
    Yes, the organization must satisfy one of the following conditions to undertake the activities: 
    (a) The organization must be registered under section 12A of the Income Tax Act, 1961 and work for the benefit of persons with disability; or
    (b) The organization must be recognized under Chapter X of the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995; or 
    (c) The organization must receive grants from the Government for facilitating access to persons with disabilities; or 
    (d) The organization must be an educational institution or library or archives recognized by the Government.
13. Can accessible format copies be shared between persons with disabilities? 
    Yes, they can be shared
14. Can any of the activities be undertaken for profit?
    No, for profit activities require a separate license from the copyright board. This license will prescribe several conditions including the royalty, if any, that must be paid. For further details, see point 23 of this note.
15. Can the costs of production of accessible format copies be recovered?
    Yes the cost can be recovered.
16. Does this mean that the publisher has to give you a soft copy? 
    No. Publishers are not required to give a soft copy under the amendment.  
17. What steps are required to be taken by organizations who undertake the activity?
    The organization must ensure that the copies of works in such accessible format are made available to persons with disabilities and takes reasonable steps to prevent its entry into ordinary channels of business. 
18. Can works be simplified so that people with psycho social disabilities or intellectual disabilities can enjoy the work?
    Yes, this can be done since this will fall within the meaning of “adaption” as given above.
19. Can subtitles be added to movies and other audio visual work for the benefit of the deaf/hard of hearing?
    Yes, this can be done since this will fall within the meaning of “adaption” as given above.
20. Can audio descriptions be added to movies and other audio visual works for the benefit of the blind/low vision?
    Yes, this can be done since this will fall within the meaning of “adaption” as given above.
21. Can an organization in India import or export accessible format copies from/to organizations and beneficiaries abroad?
    The Copyright Amendment Bill, 2012, does not address import and export and this depends on various factors and legal preconditions. In this case, it is advisable to check with your legal advisors before undertaking such an activity.
22. What is the wording of the section?
    Section 52 (1)The following act shall not be an infringement of copyright, namely:
    (zb) the adaptation, reproduction, issue of copies or communication to the public of any work in any accessible format, by —
    (i) any person to facilitate persons with disability to access to works including sharing with any person with disability of such accessible format for private or personal use, educational purpose or research; or
    (ii) any organization working for the benefit of the persons with disabilities in case the normal format prevents the enjoyment of such works by such persons:
    Provided that the copies of the works in such accessible format are made available to the persons with disabilities on a nonprofit basis but to recover only the cost of production:
    Provided further that the organization shall ensure that the copies of works in such accessible format are used by persons with disabilities and takes reasonable steps to prevent its entry into ordinary channels of business.
    Explanation. For the purposes of the sub-clause, “any organization” includes an organization registered under section 12A of the Income Tax Act, 1961 and working for the benefit of persons with disability or recognized under Chapter X of the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995 or receiving grants from the Government for facilitating access to persons with disabilities or an educational institution or library or archives recognized by the Government.
23. What is the wording of the section relating to for profit activity?
    ³31B. (1) Any person working for the benefit of persons with disability on a profit basis or for business may apply to the Copyright Board, in such form and manner and accompanied by such fee as may be prescribed, for a compulsory license to publish any work in which copyright subsists for the benefit of such persons, in a case to which clause (zb) of sub-section (1) of section 52 does not apply and the Copyright Board shall dispose of such application as expeditiously as possible and endeavor shall be made to dispose of such application within a period of two months from the date of receipt of the application.
    (2) The Copyright Board may, on receipt of an application under sub-section (1), inquire, or direct such inquiry as it considers necessary to establish the credentials of the applicant and satisfy itself that the application has been made in good faith.
    (3) If the Copyright Board is satisfied, after giving to the owners of rights in the work a reasonable opportunity of being heard and after holding such inquiry as it may deem necessary, that a compulsory license needs to be issued to make the work available to the disabled, it may direct the Registrar of Copyrights to grant to the applicant such a license to publish the work. 
    (4) Every compulsory license issued under this section shall specify the means and format of publication, the period during which the compulsory license may be exercised and, in the case of issue of copies, the number of copies that may be issued including the rate or royalty: Provided that where the Copyright Board has issued such a compulsory license it may, on a further application and after giving reasonable opportunity to the owners of rights, extend the period of such compulsory license and allow the issue of more copies as it may deem fit. 

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