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Accessibility of Copyrighted Works for Visually Impaired and Print Disabled Persons: Indian and International Perspectives

Devidas G. Maley , Devidas G. Maley

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Indian Journal of Law and Human Behavior 1(2):p 77-89, . | DOI:
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Abstract

 Rationality and creativity are the hallmark of the human being as he is only a rational and higher creative animal than any other animals. There are several activities of creativity which be an invention, a discovery, a literature, a music compositions, a dramatic works, a painting, a cinematograph film, a sound recording etc. Almost all the modern countries have recognised the contribution of these creators by affording and conferring certain rights on the persons who are responsible for creating these works called the intellectual property rights (IPRs). The intellectual creations are regarded as property. They are being protected by law. The IPRs are of varied types such as patents, trademarks, designs and copyright etc. Intellectual property helps in economic, educational and cultural development of the nation. Copyright is one of the major kinds of IPR which is different from the patent, trademark, integrated circuits and geographical indications. Copyright helps in progress of cultural and publishing industry of the nation for which copyright is recognised as a property protected by legal mechanism. Copyright exists in creative works which are original in nature. Copyright subsists in original literary, artistic, dramatic, musical, cinematographic, sound recording and computer programmes. Copyright also further extended to performers’ and broadcasting reproduction rights allied rights. The creators of these works such as authors, artists, composers and producers will get certain exclusive rights protected by a definite period.  Owners of copyright to the exclusion of others will enjoy these rights protected by the law for a defined period. The person who make use of the works, protected by the copyright without consent or authorisation of the owner, amounts to infringement of copyright leading to civil and criminal liabilities. Copyright constitutes one of the most challenging barriers in the access to information of persons with sensory impairments. Among the 57 countries with copyright exemptions, India’s approach stands out as it is inclusive and non-bureaucratic, catering to the needs of persons with disabilities living in the Global South.

Keywords: Intellectual Property; Copyright; Visually Impaired Persons; Print Disabled Person; Infringement of Copyright; Fair Use Doctrine; Exceptions to Infringement; Accessible Format.

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  • Devidas G. Maley
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  • Devidas G. Maley
    ,
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