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Developing copyright exceptions to facilitate access to copyright works for people with a print disability

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thesis
posted on 28.03.2022, 18:59 by Jingyi Li
Persons who are blind, visually impaired, or otherwise print disabled commonly experience difficulties in accessing information as only a limited selection of books are published in Braille, audio or other accessible formats. This problem serves to then limit their fundamental human rights, including cultural, economic and political rights relating to knowledge and personal development. To resolve this issue, the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind,Visually Impaired, or Otherwise Print Disabled (2013) obligates Contracting Parties to provide limitations and exceptions in their national copyright laws to permit the production and communication of copyright works in accessible formats without the authorisation of copyright right holders. The objective of this thesis is to examine whether, and to what extent, the Marrakesh Treaty, and the national laws implemented to fulfil the obligations of the Treaty, effectively reconcile the conflict between the protection of copyrights and access to copyright works for print disabled persons. The thesis develops a theoretical framework to reconcile and balance copyright and human rights, and analyses a range of national law, with a special focus on Australia and China, in order to evaluate the effectiveness of current copyright exceptions and limitations. The thesis concludes that the Treaty significantly strengthens access to published works by print disabled persons as it provides mandatory and well-designed copyright exceptions and limitations that effectively calibrate personal proprietary rights with the fundamental human rights of print disabled persons. However, the thesis further submits that the effectiveness of the Treaty could be substantially enhanced by implementing provisions in relation to reasonable pricing, providing exemptions relating to remuneration, developing precise criteria for identifying qualified beneficiaries, and extending the obligations of the Treaty to information and communication technologies.

History

Table of Contents

Introduction -- Article 1. From theoretical deliberations to implementation : the reconciliation of intellectual property rights and human rights in the Marrakesh treaty -- Article 2. Copyright exemptions to facilitate access to published works for the P\print disabled : the gap between national laws and the standard required by the Marrakesh treaty -- Article 3. Reconciling the enforcement of copyright with the upholding of human rights : a consideration of the Marrakesh treaty to facilitate access to published works for the blind, visually impaired and print disabled -- Article 4. Copyright exemptions to facilitate access to published works for the print disabled : changes and opportunities in the ICT era -- Article 5. Copyright exceptions for the print disabled: ensuring Australia's compliance with the Marrakesh treaty -- Article 6. Amending the Chinese copyright exception to fulfil the obligations of the Marrakesh treaty -- Conclusion.

Notes

Includes bibliographical references Thesis by publication.

Awarding Institution

Macquarie University

Degree Type

Thesis PhD

Degree

PhD, Macquarie University, Faculty of Arts, Macquarie Law School

Department, Centre or School

Macquarie Law School

Year of Award

2017

Principal Supervisor

Niloufer Selvadurai

Additional Supervisor 1

Yanping Qi

Rights

Copyright Jingyi Li 2017. Copyright disclaimer: http://mq.edu.au/library/copyright

Language

English

Extent

1 online resource (viii, 305 pages)

Former Identifiers

mq:72258 http://hdl.handle.net/1959.14/1282988