RIGHT OF PERSONS WITH DISABILITY TO ACCESS TO KNOWLEDGE INCLUDING COPYRIGHTED MATERIALS: DEVELOPMENTS IN INTERNATIONAL REGIME AND INDIAN COPYRIGHT LAW
The visually impaired must negotiate substantial barriers in accessing the books. Despite availability of a variety of accessible media ranging from Braille and large print editions to simple and complex technological solutions, the cost of these technologies creates a large burden on the visually impaired persons. Copyright law presents visually impaired persons with serious barriers to access of the written word. A recent international effort by Marrakesh Treaty facilitates to remove these barriers to access, in limited instances, by allowing the creation of accessible formats of copyrighted works. Access to knowledge opens the door to education, employment and a fruitful and independent personal life. Many of us have unlimited opportunities to access knowledge and information but there are millions of blind or partially sighted people around the world having little or no access to the books, newspapers or websites where that knowledge is found. The utilitarian principle of copyright law suggests that copyright is a legal concept that was not designed to grant unlimited rights to the authors but rather to limit the monopoly an author has over the author’s works. Access to copyrighted works is necessary in order to exercise right of freedom of expression especially persons suffering from disability. It resolves the conflict between the human rights and copyright by accommodating exception for persons with disability. Access to knowledge through education is one of the most fundamental aspects of the right to read, write and express oneself in order to form an informed opinion or make an informed choice in one’s political, cultural or social life to lead a life of human dignity. The Copyright Amendment Act, 2012 have an obvious implication as to the reasoning behind fair dealing defence under the Indian Act and also endeavoured to strike a balance with the emerging technical challenges.”
Post Contributed:
Miss Kaushiki Brahma
Assistant Professor of Law
Indian Institute of Legal Studies
