Copyright Law Under The Braille Scanner Theology Religion Essay

In this Chapter, we shall observe that the right to intellectual property should only be secured to that limited extent that it accommodates the needs emanating from human rights of those who are at the utilising end of the copyright coin.

Significant debates have arisen in the recent years, concerning the links between intellectual property rights and human rights. On the one hand, there

nave been concerns with regard to the impacts of IPR on the realisation of uman rights, for instance, with regard to the impact of medical patents on access to drugs. On the other hand, recognition of a human right to intellectual

E property at the international level has been increasingly debated.1

This Chapter has, within its scope, an objective study of two fields of law viz.

:opyright law with the international three step test to the fore, the competing terests of the right holders (particularly publishers) to their share of profits, .ith its intersection with the law for the disabled in India - which is largely a

rult of realisation of rights of the disabled, and encouraging their participation

r.t he social mainstream, coupled with, their "right to access" information which .as been examined in the backdrop of prevailing social realities, discriminatory eatment and cherished principles of human rights and constitutional values of

welfare state such as ours.

We also explore the limitless opportunities which the digital revolution holds 71 r them particularly from the perspective that 'ignorance can be prevented' and

nfonnation can be made accessible with ease and without costs', through this edium of communication which has revolutionised all of our lives. The

saction costs for duplicating or transferring information is virtually zero.

Philip Cuflet, 1-luman Rights, Knowledge and Intellectual Property Protection, Vol. 11, JIPR 7 (7) January, 2006.

Truly, digital technology and the Internet offer ever more efficient w,- perfectly reproduce and distribute copyright works and personal con-' I made 'accessible' through software's such as the screen reader prograr

technologies overcome the traditional ways of learning where vol transcribe books into Braille or by having books read aloud onto tape. Tociai have speech synthesizer software, screen readers and even hardware c€---. such as electronic speech synthesizer which when connected to a co-." reads" aloud the text on the computer screen to the blind or visually chaLer computer user via an electronically-generated voice.

Therefore, it is incumbent upon us to tap the potential of this 'next big

by removing accessibility restrictions and using assistive technologies st. a synthetic speech - Text-to-Speech (TI'S) technology or electronic Braille

considering that books are increasingly appearing in digital formats as wei. recognising that such electronic books shall be a boon for the people -- disabilities.

Providing access to content whether in traditional formats or with adva access technologies implicates acts controlled by rights of reprodi:. adaptation and communication. That of course means that such acts mus.:

authorised by the right holder or fall within the scope of an exceptic- E copyright.' It is here where the friction between law, technology and legitimate interests of the visually challenged to have access to works in t±. language comes into picture.

Amongst the vast gamut of issues involved in this subject, is the rights

publishers and content providers that deserve a close scrutiny as they are commercial entities whose responsibility is towards the creators of the work t give them maximum returns and in the process of "sales", derive their sha: business income. The digital world is like a double edged sword. Whereas :- one hand the copyrighted material is lengthy and expensive to produce protect, on the other end, the technology can be used to cheaply and spee:_

1. 293, Standing Committee on Copyright and Related Rights, 14th Session (May 1 to 5, Dj:A uton'ted Rights Management Systems and Copyright Limitations and Exception5 Garnett, SCCR/14/5.

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233

.vork. With the rampant piracy of works across the globe, on line and

and the ease by which 'duplicates' can be created at the click of the

:utton, also justifies their reluctance to produce electronic copies of the

. -:ernet offers anonymity and a person sitting miles away from the

r' -lder's place may be making pirated works of the copyrighted

th to the economic detriment of the copyright holder. Technology, thus be said as a 'mixed blessing', the negative end of which has

: .ght infringement international in character.

cririology such as digital audio tapes, high quality digital broadcasts, i aracter recognition scanners, and recordable compact discs threaten to prY easier and more difficult to detect.' These technologies allow pirates

quality copies of copyrighted materials at minimal cost and effort.2 degree of technological control is necessary, once a literary text is

ia.1able in a digital form, failing which, it does not take long before the _iIs prey to the cancer of piracy, and flourish, to the pockets of the pirates. .. cially true for works in digital format which shall not only benefit the

L-' .D'.allenged but also the sighted public as well.

r interview with Bhushan Punani, Executive Director, Blind People's '-wi, he rightly opined, that publishers will not allow to give electronic :erary works due to the fear of infringement of copyright by way of

emphasised that publishers are after all doing business, and they have bt?:: their commercial interests as well.

S other issue, as to why publishers disable access to their e-book az-c's, is because, audio book rights in an electronic book is also sold and

may not be authorised to make an electronic book in a 'disabled :orntat, for they no longer own the copyright in the audio rights therein.

E:, intention of the audio publisher is to make a sound recording of the zvailable for sale commercially, usually in the form of a cassette or compact r. 'ut also, more recently, as a digital product available for download z4rz_tion via the Internet.3 As a result, the two software Giants - Adobe and

i:s,ft offering screen reader softwares in their eBook reading systems have $r.±ed the option to the author to disable the text-to-speech synthesizer

_re or the TTS access feature itself in certain ebooks on the request of

' .oshers due to the sale of audio rights in a work since in this 'internet age',

___ sound recordings of electronic books enjoy a market. As a consequence,

with print disabilities may no longer have access to all files in an zssible format".

crank Emmert, Intellectual Property in the Uruguay RoundNegOtiatiflg Strategies of the Western Industrialized Countries, 11 Mich J Intl L 1317, 1328-35 (1990).

See M. Kaufman, The Enforceability of State "Shrink Wrap" License Statutes in Light of Vault Corp. v. Quaid Software, Ltd., 74 Cornell Rev 222, 225 (1988).

Ceorge Kerscher and Jim Fruchtermafl, The Soundproof Book: Exploration of Rights Conflict and Access to Commercial EBooks for People with Disabilities, Vol. 7, No. 6, First Monday lune 2002), http: / /firstmonday.org/iSSueS/i5Sua7_6/n

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Copyright Lao Deskbook

As technology is not moral sensitive, it does not distinguish betweer. - copying and illegal copying.' However, people with disabilities do not with this interpretation, since the eBook is delivered as electronic text and recorded human speech, and since turning off access prevents them reading the eBook.2

Though, we have digital rights management technologies, it is still infancy and requires considerable investment and thus, for many publis- - may not be economically viable as 'it is expensive to build these digital lock. cheap to pick them'3 and thus may not find favour on the econorr publishing.

it is also our humble endeavour to evaluate the existing prc'v amendment to the existing Indian copyright statute for such visually chaL persons, taking inspiration from foreign legislations of advanced ecor particularly the United States and the United Kingdom, in the face r ' tremendous potential that this digital era holds for them.

However, an enabling amendment clause to the Copyright Act, - permits to make accessible copies of lawfully acquired "copyrighted" worjLs have any affect on India's treaty commitments.

Towards that end, we have looked into the Berne Convention a- 'limitations and exceptions' clause4 of it, to examine whether any devehxi has taken place on the international scale to fulfill the access needs of th. disabled to literary works. More importantly, we have also exhai.- considered the interpretation of article 13 of the TRIPS Agreement r- reproduces the Berne three step test in almost same wording), delivered z a WTO Dispute Settlement Panel in the case titled 'United States - Section 11

1. T.C. James , Copyright Law of India and the Academic Community, Vol. 9, JTPR 2 May 2004.

2. The Soundproof Book: Exploration of Rights Conflict and Access to Commercial E3: People with Disabilities by George Kerscher and Jim Fruchterman First Monday, V: - 6 (June 2002), URL: http://firstmonday.org/issues/issue7_6/kersCher/indeX.htrfll

3. Mark Aronica and Erica S. Pen, Content Distribution and Digital Rights Mi-:

available at cyber.law.harvard.edu/policy/DRM.htm

4. Article 9(2) of the Bernie Convention.

Copyright Law Under the Braille Scanner

235

It he US Copyright Act" and is the only decision of the Dispute Settlement Body on the application and interpretation of Article 13 of the TRJPS till date.

A scrutiny of article 13 is indispensable for the present case as it serves as a broad principle on the touchstone of which limitations and exceptions to the exclusive rights of the copyright holder can be imposed in 'special cases'. Now, whether, exceptions to copyright can be legislated into existence to provide exemptions in favor of such class of persons is an analysis we have embarked upon. Moreover, the interpretation of article 13 is crucial not merely because we are also part of this new global world order but the enabling legislation which we duly enact must also permit importation of accessible formats of copyrighted material, in the absence of which it would be illegal to share or distribute foreign copyrighted works on the Internet. It is towards that end, that the TRIPS Agreement becomes expedient to peruse as it is the common international denominator for protecttfll of intellectual property, (also referred as a "one-shoen ts-all" intellectual properly regime)2 and has 151 nations3 on its signatory map.

In these writings, our endeavour shall be to enhance the independence of blind people and avoid the language of pity and stop creating this partition of ucky' and 'unlucky' and stop saying 'they' and 'we'. One may be vulnerable to ±is at any time of life and then sharing a common experience with them..

±scrimination.4 Discrimination is after all crude bigotry.

It is not right to make a person dependent when he wants to be a productive ztd aresporisible citizen. Therefore one should not convert such people who can e source of inspiration into an object o pity.

What is disability and who are the 'disabled'- clearing 'false notionS' Disability is an institution which any person may join any time in life destined compulsion. It could be due to various reasons such as

iccidents, dysfunction or malfunction of an organ, disease. Not all people

who are considered to be 'disabled' are born disabled. Helen Keller, the blindd eaf is one such person who was visited by such consequences, about one and a half years after her birth as a consequence of an illness. There are many who :ome to exist in this category either temporarily or permanentlY and each person a: different stage of their life.

Disability is universallY a major public health problem. It transcends all 'olitical or geographical barriers and boundaries, it affects not only the rdividual but also the family. On a macro perspective1 it affects the world at rge.

Disability is not a tragedy or a shame. Neither is it a term of a narrow import. Though the word 'disability' has come to be associated with certain forms of

1. Keport of the TRIPS Panel in the United States - section iiOçS) ot the US CoVytt Act, Pars

6.0 (document symbol WT/DSI6O/P' dated 15 Tune, 2000).

2. Amit Gupta and Aditi Patel, A Human Rights Approadi to TRiPS, (2004) 7 5CC (1) 61.

3. This statistic is as on 27 July 2007. Cf.

i1 e/otg6_'''

4. As, Patricia Wright puts it, "all disabled people sXtre one common eXpCrieflce that's discrimination" tCf. Justice SB. Sinha, Disability Law vis-à-t'iS Human Rights, (2OO) C. 0)11.

---"

236 Copyright Law Deskbook

disability such as blind, deaf, dumb... etc., however, it is a term of a much w: connotation and encompasses all those acts and activities which a persv-. though not considered as a 'disabled' strictu sensu, may not be able to perfo-

In our interaction with Dr. Madhumita Pun, Executive Director, Society Child Development, she opined that disability is not a state which can be stric fl defined but a condition where the person is under a physical, mental, or soci inability to carry on the normal activities of life. It is in this sense, the lack or of a function or capacity of body organism. This, she emphasised, is knOT a 'Functional Disability.

Compared and contrasted with other minority groups, disabled people ha- more in common with the general population members. It is conir- r- - observation that disabled children are almost always brought up by n disabled mothers and fathers, in the company of non-disabled sisters a:-:

brothers. They may marry non-disabled spouses and may have children who a- non-disabled.

The Discriminatory Attitude of the Society

Notwithstanding, there are problems of discrimination. The physicai mental handicap of the disabled has to face the social response of the 'a:

populace', which sub-consciously or consciously view them as a burden on society, and incapable of making any significant contribution to the socie- which adds another dimension to their handicap i.e., social handicap.

In India, the attitude of the society against persons with disabilities is hiad iscriminatory and such persons with disabilities are 'often castigated as bez seen as some kind of punishment for past sins. Loaded with these kinds of idea the society proceeds to stereotype the image of a disabled as an unfortun victim who has to get sympathy and pity and aid from others.'1

In the light of the abovementioned social realities, Dr. Pun, aptly points that it is not the individual who is handicapped, but the society.

In our view the so called normal person who cannot accept differences who creates discrimination is the one who is actually the so called disa because despite being blessed with all his faculties intact, he fails to appreca either because he cannot appreciate or refuses to appreciate the difference wi-x may be a distinction in degree of ability, much less a disability as the word come to be 'tainted' into existence.

People have always had doubts about the ability of persons with disabiL Ji to be productive members of society. This is particularly true for vista:

challenged people. People view them as least capable of the lot. They stigmatized as a class of persons wherever they go, as children in schoc employees as adults and the larger majority of the so called 'abled popu often choose to avoid them.

But we must tell our readers that their capabilities have the ability to sur poor expectations of the sighted world. Today, the visually challenged persa-

1. Dr. Mohammed S. Hussain, Rights and Dignity of Persons with Disability, (2002) PL

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237

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Copyright Law Under the Braille Scanner

• oviding his services in important professions such as a teacher, a civil servant even a lawyer arguing before the highest Court of the land.

To illustrate, it will he of significant relevance to quote the observations of

ie Supreme Court in the case of NFB v. UPSC', where a blind lawyer has ably

gued the case representing the National Federation of the Blind (NFB) against

e Union Public Service Commission (UPSC).

In this case, the UPSC denied blind candidates to compete for the Indian

.dministrative Services and the elite services. National Federation of the Blind,

jr epresentative body for the visually handicap people in India moved the

Sipreme Court under article 32 of the Constitution seeking for a writ in the tature of mandamus to permit the blind candidates to compete for the Indian Administrative Service and the elite services and further to provide them the

Tf acility of writing the civil services examination either in Braille script or with the neip of a scribe.

The petitioner was represented by Mr. S.K. Rungta who himself was visually

challengeda nd the Hon'ble Court profoundly appreciated his lawyering skills and capabilities.

The Supreme Court stated:

'Mr. Rungta has argued his case with utmost clarity. Mr. Rungta was fully conversant with all the relevant annexure the petition. He referred to the relevant pages in the bulky paper book with perfect ease. We did not feel even for a moment that the case was being argued by a visually handicapped lawyer. Mr. Rungta's performance before us amply proves the point that the visually handicapped persons can perform the jobs entrusted to them with equal efficiency.'

Thus, one can observe that the Honourable Supreme Court has not only displayed its sensitivity to the needs of the visually challenged for an equal status in this democratic society assuring them a platform to prove their merit and extend equal opportunities to them as well. But has also acknowledged that

handicap is not a barrier to efficient performance and towards that end

appreciated the efforts of Mr. Rungta.

Dr. Sam TaraporeVala1 the co-ordinatOr of the Xaviers Resource Centre for the Visually Challenged and a professor at St. Xavier's College, Mumbai holds the opinion that:

"Every person is unique; êäch individual, irrespective of disabilities, is as talented or untalented as everyone else... Hence, there is no scope for a visually challenged student not being able to work in any particular profession."2

Nature, as God has created it, everybody is different, and each persons is a unique and a special human being. Nobody is perfect and nobody can be. Perfection is God. We as human beings should have the patience and dynamism

1. AIR 1993 SC 1916: 1993 2 SCC 411.

2. Excerpted from http:/ /www.educationPk1sdocom u1Story.asp?ae1EJl' 2ART

2192OO774443

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238 Copyright Law Deskbook

to accept the differences and avoid using the language of pity tainted with - black blood of discrimination.

Dr. Mohammed S. Hussain in his Article titled 'Rights and Dignit Persons with Disability' is highly critical about the language, we, insensiti. and casually use to refer to the 'disabled' instead to a 'person with a disabL- He sums up the concept, very beautifully and aptly and suggests that one shcz not 'patronize' any person with a disability and avoid making syrnpath comments and using the language of pity.

In his words:

"Place the person before the disability out of respect for indivi... uniqueness and worth. Refer to an individual as a "person with i disability" or an "individual who has a disability" rather than a "disa person" or a "disabled individual." Make reference to "people w disabilities" rather than "the disabled". The word "disabled", as a nci implies separateness or total disability. "The disabled" do not constiL a group apart from the rest of society. Legislation on disability has advance the dignity, self-determination and equality of individuals disabilities. Hence, one should not call the blind as blind and the deaf I deaf; better call them or address them as persons with visual impairr and persons with listening/hearing impairment respectively."

It is also not far from the truth that some in the disabled lot discrin'- against themselves either influenced by the attitudes of their able bodied or perhaps as an excuse to sit back. Such persons feel that they cannc:

anything that an able person can do and either prefer or choose to settle with delusion. It has been rightly said that 'God helps those who help themselves this world is full of examples of people who though are disabled yet iI struggled to overcome their shortcomings and have achieved what even the able may not be able to achieve.

Thus, one can say, that, disability is more of a handicap of a mind. anything else, to actually what that particular disability refers to L- traditional sense of the term. In essence, these people are not 'disabled' - - word it positively, they are 'differently abled'.

The World Program of Action concerning Disabled Persons to achieve t participation and equality states:

"Persons with disabilities should be expected to fulfill their r:

society' and meet their obligations as adults. The image of dLs,: • persons depends on social attitudes based on different factors that rr the greatest barrier to participation and equality. We see the disa:_- shown by the white caner crutches, hearing aids and wheelchairs, bu the person. What is required is to focus on the ability, not on the dis of disabled persons."

On similar lines is a report - The Summary Thesis on Education •-rs uccinctly states:

1. http://www.un.org/esa/socdev/enab1e/diswpaO2.htm#Equalization

Copyright L.aw Under the Braille Scanner

239

"[...Inow it is believed that the disabled are not persons lacking in abilities. Actually they have various potentialities which, through proper education and training can be harnessed and developed. The disabled do not need mercy or pity but sympathetic understanding. Instead of charity they need opportunity. They do not require alms but (perfect) suitable job opportunities. They want sympathetic understanding rather than emotional expression."

Thus, the time has come when we have to discard old superstitions

associatingt he disabled with their past life sins and like superstitions. No more, can we and should we afford to treat them as objects of pity or ridicule. We must .rnderstand that, this world is not perfect and each person, irrespective of the :egree, has the freedom to contribute to the best of his capacity. It is towards that d, we are under a pious duty to create an environment where such persons are a part of the social mainstream and must empower them in all possible ways and :neans. It is only in this manner, can we call ourselves a truly democratic society where every person enjoys the chance to participate on equal terms in the aevelopment of the society and it is only towards that end, that the term 'access' assumes vital significance.

Access - A Civil Right

Information is an invaluable social resource and access is a civil right of the disabled. Therefore, access to education is a necessary condition for human freedom and 'while education is important for all, for the disabled getting a good education can be a matter of survival.'1 Education is fundamental in achieving the human rights of the disabled and accessibility is the prime need to make persons with disabilities independent.

Without access, education, rehabilitation, services, employment, a meaningful social, civil and political life becomes almost impossible. Accessibility can be the most crucial determinant in charting out career options for the Persons with Disabilities.2 The disabled want jobs and education as they want to be like everyone else. Blind and partially sighted people have the same information needs like you and me. They are equal participants in a democracy and by virtue of being a human being, they are entitled to all the fundamental and legal rights and guarantees as any ordinary citizen of the land. But such words look nice on paper and legal documents with the Government Seal upon

it.

In a presentation given to the Information Meeting which preceded the WIPO Standing Committee on Copyright and Related Rights on 3rd November, 2003, David Mann of the World Blind Union (WBU)3 stated as follows:

1. Cf Including Children and Youth with cItsabilitie in Education - A Guide for Practitioners, Anita Julka, p.3 avalable at http://www.ncert.nic.in/sites/inclusiveeducation/ Draft%20manuaL DEGSN.pdf

2. Annual Report, Office of the Chief Commissioner for Disabilities, p. 12 available at http:// www.ccdisabilities.nic.in/reports/1-15.pdf

3. The World Blind Union is a major NGO with over 150 nations as members. It is recognized by the United Nations.

240 Copyright Law Deskbook

"If we accept that access to information is a right, then it follows tha any impediment to access to information is a denial of that right. Barrjer can be economic; they can be technological, and they can be legal."

The WBU accepts that copyright is in itself a legitimate form of moral a economic protection for creators of content and for those who add value creative work. WBU asserts however that the ability to restrict acts in respect r works and other subject-matter protected by copyright law should be balance:

against the right of blind and partially sighted people to read the same mater as their fellow citizens, at the same time and at no additional cost to t individual.2

The big challenge lies in realisation of such rights, especially in a developi country like India, where the Government often resorts to the 'funds cruncf ormula excuse when it comes to taking a stock of the situation as regar progressive implementation.3

In our interaction with Mr. T.D. Dharial, Deputy Chief Commissioner for t!-e Disabled, we learnt that many visually challenged students do not get BraL-:

books on time, which is required by them, in pursuance of their regular cours of instruction. These books arrive very late and not when the academic sessicrc ommences. He shares the view, that 'access' is indeed a fundamental right :':

the disabled, and they should be provided with books in their format, just as t- ordinary school going child in India has access. In the same vein, he aL.... acknowledged the limitation of resources on the part of Government an lamented that accessibility is dependent on the economic development ar capacity and that is one problem which is causing hindrance.

The needs of visually challenged people have been succinctly encompasse:

within the objective expressed by the WBU: the right to the same material, at t- same time and on the same terms as those enjoyed by people without su impairment.4 This statement is particularly relevant in the Indian context.

1. Mann, David: Presentation by the World Blind Union (WBU), Information Meeting on Dig.

Content for the Visually Challenged, WIPO, November 3, 2003, available at .chttp

WWW.wipo.int/documents/en/melgs/2oo3/digvjim/pdf/djiim03pf>

referred in Standing Committee on Copyright and Related Rights, 14th Session (May 1 t:

2006), Automated Rights Management Systems and Copyright Limitations and ExcepUc-

Nic Gamett, p. 27, SCCR/14/5].

2. Cf. Standing Committee on Copyright and Related Rights, 14th Session (May I to 5, 2( Automated Rights Management Systems and Copyright Limitations and Exceptions, Garnett, p. 27, SCCR/14/5.

3. In India authorities concerned are yet to take measures to ensure the implementation ci provision for "accessibility". The authorities are taking undue advantage of the term "withr the limits of their economic capacity". They have been using this term as a defence to neg (he right granted by the statute. [Cf Saurabh Jam, Where does indian disability law starci the present international scenario?, (2004) PL WebJour 121.

Justice SB. Sinha , opines that 'Once it is recognised that the rights of the PWDs flow not cr from the statute but also from the fundamental rights enumerated in the Constitution, State can no longer excuse itself from protecting the (fundamental) rights of the PWDs grounds of financial constraints.' [Cf Justice 5.5. Sinha, Disability Law vis-à-vis Human Rigl-., (2005) 3 SCC U) 1].

4. Standing Committee on Copyright and Related Rights, 14th Session (May 1 to 5, 2C Automated Rights Management Systems and Copyright Limitations and Exceptions, Garnett, p. 33, SCCR/14/5.

Copyright Law Under the Braille Scanner

241

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As commented by Shapiro:

"In the long run, integration will cost society less. A good education allows a disabled student, one day to become a worker and a taxpayer, rather than a costly tax burden.1

Our copyright law, though, is in conformity with international standards, .ith to the satisfaction of the legislature, that notwithstanding, it requires, dressing the needs of the people with visual impairments to have equitable axess to information just as the general populace has. This 'access' need cannot e easily realised as the general populace and the visually challenged populace S circumstantially situated differently and the publisher caters to the need of the !jority, which is the sighted populace and is reasonably justified in doing so wice business is not equivalent to charity and it is a fundamental right of every siness to derive legitimate profits from its commercial activity. But that is not ivalent to conclude that those who have special requirements must be left to for themselves. As a society, we ought not to classify and provide in such a manner that it introduces a discriminatory treatment. Let us consider the 'nous modes through which the blind can read.

Modes of Perception

The blind people have little relation with the print world inasmuch as ting an opportunity to read the text is concerned. They can only read with the lp of tactile perception - the six dotted code invented by Louis Braille who nmself was a blind individual. The Braille code is the language of the blind and ±ir print equivalent.

Pertinent are the views of Ms. Anuradha Mohit, the first blind woman rector of the National Institute for the Visually Handicapped who holds a ong objection to the usage of the word "print disabled". According to her - 'me blind are not print disabled. They can read print but in raised form - the 2ille code."

The other way which the visually challenged can comprehend data, is by the

. They can listen to the contents of a work and thus acquire information. This

adio method where the contents of the material are read out to a person with

int disability can happen by directly reading out the contents with the

s;istance by a human reader. However, this may not be always possible for

n is not a machine' and may not be always available to assist his brethren at

e latter's instance.

The other method of reading out the contents of a work is through a cassette çc in which such information has been recorded, or read by a computer with a voice synthesizer which is packaged in a screen reading software. Like Braille xoks, the audio tapes have traditionally been considered to be the most

tunonly recognised speciaiised forrnals in use over the past thirty years.

This orcca\iotx is con'ained in audio books which are usually dislributed . compact disks, cassette tapes, digital lormals or electronic books popularly wn and abbreviated as e-books which is essentially an electronic (or digital)

I Cf. Justice S13. Sinha, Disability Law vis-a-vis 1-luman Rights, (2005) 3 SCC (J) 1.

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Copyright Law Deskbook

equivalent of a conventional printed book. Such books can be easily usea -..- text-to-speech software or computer screen readers unless they are protece: Digital Rights Management (DRM) technologies which may make

inaccessible due to their incompatibility certain hardware or software Thi advantage in this form of technology is that it affords maximum flexibility tu visually challenged or blind user in that he can read the contents of the woct a 4 many times as he wants and more so at his convenience. On the flip s recording a book takes time, however once produced in a digital forma: price of duplicating it is zero.

For books not available in accessible form, readers with print disabibi either rely on a human reader or on a scanning system. Reliance on a

reader is expensive and not always available when access is needed. Optz Character Recognition Software (OCR) is another medium which can corr image of a book with the help of a scanner into readable text. Scanning an e-i book with OCR software can take hours, and the resulting text will hae recognition errors.1 Kurzweil 1000 and OpenBook are examples of C.:3 Softwares.

We also have Digital Talking Books, thanks to the DAISY technologT a -:

Digital Accessible Information System) brought by the DAISY ConsortiurL - not-for-profit association under Swiss Law) whose vision2 is 'that all pubLs information, at time of release to the general population, be available

accessible, highly functional, feature rich format and at no greater cos: persons with print disabilities' and whose mission is 'to develop, integrate promote international DAISY standards, technologies and imp1ememar strategies to enable global access by people with print disabilities to inforrnar provided by mainstream publishers, governments, and libraries in a way ;.-- will also be of benefit to the wider community.'

The talking books produced by them comprises of Digital Talking &': digital textbooks, or a combination of synchronized audio and textbooks -- - actual recorded human speech, and goes ahead in contrast to the 'traditr talking book', particularly the feature of accessibility and navigation from

to point within the book, that has never before been possible with a human - production of a print book. The book is a multimedia representation of a prr publication.

It is a boon for someone who is blind or visuaily challenged as he/she is a to navigate through a DAISY book by moving among the headings, Cha and pages. Depending upon how the book is produced, images with descrip-', may be included, along with even more detailed navigation. Reading devices - these materials enable users to place bookmarks for later reference.3

The Consortium recognises that 'the current international laws do not

it easy for libraries for the blind or print disabled to produce and exc

1. Cf The Soundproof Book: Exploration of Rights Conflict and Access to Commercial EBoc People with Disabilities by George Kerscher and Jim Fruchterman, First Monday, VoL - 6 (June 2002), http://firstmonday.org/issues/issue7_6/kersther/index.htni1

2. http://www.daisy.org/about_us/mission.asp#mission

3. See http://www.daisy.org/about_us/giaq.asp#a_25

Copyright Law Under the Braille Scanner

243

= xoks, journals, and magazines on an international basis.'1 It is mindful of the

= - • t that digital talking books can be copied and used ifiegally and to protect

- :Dpyrighted materials from falling prey to the negative end of technology, it shall

- rplement security measures where needed.

bL. -: The other format is 'the BRF format [which] is the standard contracted

rade II) digital Braille format. I3RF files may be used to produce hard copy

r ± embossed) Braille, read with a refreshable Braille display or be back translated

standard computer text for use with a speech device.'2 A refreshable Braille splay is an electro-mechanical device for displaying Braille characters, usually

- means of raising dots through holes in a flat surface.3 This information can rerefore be stored in an digital audio file, tapes, computer disk or over the riemet with a software to read to them. Visual and print disabled persons make

tensive and increasing use of advanced technologies such as electronic Braille,

- :mputer screen readers and text-to-speech syrtthesizers.4

We acknowledge the fact, that the methods described in the foregoing :aragraphs suffers from certain limitations, for instance that Text to speech

-oftware sounds mechanical (robotic) or that it usually takes longer to read :rinted material using readers, taped texts, scanners, and computer voice

- nthesizers and such a reader is unable to skim a page or interpret pictures,. but

I z is such methods which is the best that is available till date.

Another mode of communication which reaches them is large print such as

r fiat offered by Windows operating system by way of a screen magnifier.

owever, this mode of communication depends upon individual needs and is

rgely meant for the partially sighted. It is of no use for a person who is blind.

The above stated modes, with the exception of human reader, involves

:onversion of books in 'accessible formats'. And conversion involves duplication

hich implicates copyright laws and the necessity to obtain permission as the

: E :mplete work is being duplicated and fair dealing provisions do not permit

= stematically reproducing copies of the work.5 But before that since copyright

2w has long before been intemationalised, it is important to explore whether

ny international efforts have been made to draw out an exception in favour of

mz- v' the blind.

it oI a r

' 1. http://www.daiSy.org/abOut_US/Strategy.aSp# nternational_copYright_Law 2. http://www.bookshare.org/web/SUPPOrtFAQ.html#S

3. Cf http://en.wikipedia.org/wiki/Refreshable_3raille_disPlaY

4. Introduction by the Author, Standing Committee on Copyright and Related Rights, 14th Session (May 1 to 5, 2006), Automated Rights Management Systems and Copyright

-. - - Limitations and Exceptions, Nic Gamett, p. 307, SCCR/14/5.

- -. - Speech synthesizers are an output device that substitutes computer-generated speech for the screen messages that sighted users read. [Cf Elizabeth M. McKenzie and Kathleen E. Casey, Using Adaptive Technology to Provide Access to Blind, Law-Vision, and Dyslexic Patrons, 168, 90 Law Libr. J. 157 (1998)].

5. The only exception is section 52(o) permits the making of a maximum of three copies of a book (including a pamphlet, sheet of music, map, chart or plan) by or under the direction of the person in charge of a public library for the use of the library if such books is not available for sale in India.