[Rishika for the Centre for Internet and Society, Link (CC-BY)] In the year 2006, the World Intellectual Property Organization (WIPO) conducted a study on different national approaches to copyright exception for persons with disabilities. Over 60 countries have an exception in their Copyright laws permitting conversion of works into accessible formats for the benefit of persons who cannot read print. The scope of the exception varies, in terms of the beneficiaries covered, formats permitted, restrictions on who can convert, etc.
On June 28, 2013 the Marrakesh Treaty was signed by 51 countries, to facilitate the creation of accessible copyrighted works for the disabled. The treaty, however, will not come into force until 20 countries ratify it. India, in June 2013, became the first country to ratify it. In this report, we aim to provide an update to the 2006 WIPO study, whereby all relevant details, including whether the countries are signatories to the Treaty are given in a simplified manner. This is to ensure that the information is readily accessible in a simple and comprehensive table for all readers.
A consolidated list of copyright legislations can be found here. See table below for the country-wise exceptions.
Country-wise Exceptions in Copyright Legislations
| Country | Legislation | Scope | Works Covered | Formats covered | Who can convert | Marrakesh Treaty Signatory | Ratified UNCRPD | |
| Armenia | Article 22 (h), Law on Copyright and Related Rights adopted by the National Assembly of Armenia on 15 June 2006 | Persons who require Braille and other formats designed for blind people | Lawfully disclosed work, except those created for the blind | Braille and other special means for the blind | No restrictions | No | Yes | |
| Australia | Sections 47A, 112, Part VB Division 3, 116A, The Copyright Act 1968 as amended up to 2014 | Persons with print disability, persons who by reason of old age, disability or literary problems are unable to handle books or newspapers or to read or comprehend written material | Sound recordings of literary or dramatic works, published editions of literary or dramatic works, | Sound recordings, Braille, large print, photographic or electronic, sound broadcast | By body administering an institution assisting persons with print disability, persons holding print disability radio license | Yes | Yes | |
| Austria | Section 42d, Federal law on Copyrights on Literary and Artistic works and Related Rights as amended up to 2011 | Covers all ‘disabled persons’ however does not define who is disabled | Published works, which are not possible or it is substantially difficult on account of their disability for the person to access a published work | Any suitable format | No restrictions | Yes | Yes | |
| Azerbaijan | Article 19.6, Law on Copyright and Related Rights, 1996 as amended up to 2013 | Persons requiring Braille and other formats designed for blind people | Any lawfully disclosed works, except those created especially for the purpose | Braille or other special means for the benefit of the blind | No restrictions | No | Yes | |
| Belarus | Article 19, Law on Copyright and Related Rights, 1998 as amended up to 2003 | Persons requiring Braille and other formats designed for blind people | Any work other than those created especially for this purpose | Braille or other special means for the benefit of the blind | No restrictions | No | Yes | |
| Belize | Section 83, The Copyright Act, as amended up to 2008 | Persons who are hearing-impaired, or physically or mentally handicapped in other ways | Television broadcasts or cable programs | Copies which are sub-titled or otherwise adapted for the special needs of the persons | A body designated for the purposes of this section by order of the Minister | No | Yes | |
| Brazil | Section 46.I(d) of Law No 9610 on Copyright and Neighboring Rights, 1998 | Visually handicapped persons | Literary, artistic or scientific works | Braille or by means of another process using a medium designed for visually handicapped users | No restrictions | Yes | Yes | |
| Bulgaria | Articles 24(1)10, 24(2), 23, 25a(1) and 25a(2) of the Copyright and Neighbouring Rights Act, 1993 as amended up to 2006 | Persons requiring Braille and analogous specialized formats | Lawfully disclosed works, except computer programs | Braille or other analogous formats | No restrictions | No | Yes | |
| Cameroon | Section 29(1)(g) of Law No. 2000/011 on Copyright and Neighbouring Rights, 2000 | Blind persons | Works published with the authorization of the author | Limited to Braille | No restrictions | Yes | Signed but not ratified | |
| Canada | Section 32, Copyright Act, 1985 as amended up to 203 | Persons with ‘perceptual disability’ and ‘print disability’ which is any disability which prevents or inhibits a person from reading or hearing a literary, musical, dramatic or artistic work in its original format, including disability resulting from (a) severe or total impairment of sight or hearing or the inability to focus or move one’s eyes; (b) the inability to hold or manipulate a book; (c) an impairment relating to comprehension. | Literary, musical or dramatic works other than cinematographic work and not where the work is commercially available in a format specially designed to meet the needs of a person with the disability | Formats specially designed for persons with a perceptual disability, but not large print books | Any person at the request of a person with a perceptual disability or non-profit organization acting for his or her benefit | No | Yes | |
| China | Section 22(12), Copyright Law of the People’s Republic of China (as amended up to 2010) | Persons requiring Braille | Published work and additionally applies to the rights of publishers, performers, producers of sound recordings and video recordings, radio stations and television stations | Braille | No restrictions | Yes | Yes | |
| Croatia | Sections 80, 86, 98, Copyright and Related Rights Act as amended up to 2013 | Persons with disability. | Lawfully disclosed work | Any format required by the disabled person | No restrictions | No | Yes | |
| Czech Republic | Article 38, Copyright and Rights Related to Copyright as amended up to 2006 | Persons with disability | Lawfully published works with the exception of computer programs | Reproduction to the extent required by the specific disability | No restrictions | Yes | Yes | |
| Denmark | The Consolidated Act on Copyright, 2010 | Blind, visually impaired and deaf people, people suffering from a speech impediment and people unable to read printed text on account of a handicap | Lawfully published works | Any format specifically intended for those with such disabilities | No restrictions | Yes | Yes | |
| Dominican Republic | Article 44, Law No 65-00, on Copyright of 21 August 2000 | Sightless persons and persons with other physical disabilities. However, only public communication if permitted | Scientific, literary or artistic works | No reproduction is permitted | No restrictions | Yes | Yes | |
| El Salvador | Article 44 (d) of the Law on Promotion and Protection of Intellectual Property, 1993 | Blind and other handicapped persons | All works of the mind including literary, scientific, artistic, musical and dramatic works. However, mere public communication is permitted and not reproduction | Reproduction is not permitted | No restrictions | Yes | Yes | |
| Estonia | Section 19, Copyright Act (as amended up to 2000) | Blind persons | Works made available to the public except those created especially for the blind. | Braille and other technical formats for the benefits of blind persons | No restrictions | No | Yes | |
| Fiji | Section 185, Copyright Act 1999 | People who are hearing-impaired or physically or mentally handicapped in other ways | Television broadcasts or cable programs | Copies which are sub-titled or otherwise modified for the benefits of the beneficiaries | Designated body | No | Signed but not ratified | |
| Finland | Section 17, Copyright Act, 1961, as amended up to 2010 | Persons with visual impairments and others who, owing to the disability or illness cannot use the works in the ordinary manner | Published literary or musical works | Text readable by visually impaired persons | No restrictions. However, sound recordings can be made only by institutions | Yes | Signed but not ratified | |
| France | Articles L122-5 and L331-5 to L331-21 of the Intellectual Property Code as amended up to August 2006 | Person with motor, psychological, hearing or visual disability which must be at least 50 % assessed against specified relevant standards | Any lawfully disclosed work | Any format used to the extent consistent with the nature of the disability | Disabled persons or organizations listed by the relevant administrative authority | Yes | Yes | |
| Gabon | Article 33, Copyright Law | Persons with a disability including people who are visually impaired | Lawfully published work | Limited to formats for “welfare purposes” | No restrictions | No | Yes | |
| Georgia | Article 23, Law of Georgia on Copyright and Neighboring Rights (as amended up to 2010) | Persons requiring Braille or other means for blind people | Lawfully disclosed work other than those specially created for use by blind people. | Relief dotted print or other special means for blind people | No restrictions | No | Yes | |
| Germany | Articles, 45a, 63 and 95b, Copyright Act, 1965 as amended up to 2013) | Disabled persons | All works, except where the accessible version is available | Formats accessible to the disabled persons to the extent required | No restrictions | Yes | Yes | |
| Greece | Articles 28A, 28C and 66A, Law No. 2121/1993 on Copyright, Related Rights and Cultural Matters (as amended up to 2003) | Blind and deaf-mute persons | Any lawfully disclosed work | Formats directly related to the disability and specifically required by the disability | No restrictions | Yes | Yes | |
| Hungary | Articles 41(1) and 33, Act No LXXVI of 1999 on Copyright (as amended up to 2007) | Disabled persons | Any lawfully disclosed work | Formats designed specially to benefit the disabled | No restrictions | No | Yes | |
| Iceland | Article 19, Copyright Act No 73 of 1972, as amended up to 2006 | Blind and visually impaired persons | Published literary or musical works | Braille | No restrictions | No | Signed but not ratified | |
| India | Section 52, Copyright Act 1957 (as amended up to 2012) | Disabled persons | Any lawfully disclosed works | Any accessible format | Any person to facilitate persons with disability to access works including sharing with any person with disability and any organization working for the benefit of the persons with disabilitites | Yes | Yes | |
| Indonesia | Article 15d, Law of the Republic of Indonesia regarding Copyright, No 19 2002 | Blind persons | Scientific, artistic and literary works | Braille | No restrictions | Yes | Yes | |
| Ireland | Sections 104, 106, 374, Copyright and Related Rights Act, 2000 | Persons with physical or mental disability | Any lawfully disclosed work | Modifications permitted to meet the special needs of a the disabled persons | A designated body | Yes | Signed but not ratified | |
| Israel | Section 28A, Copyright Law, 2007 | Persons with disabilities | Any lawfully disclosed work | Formatted to meet the needs of the disabled persons | Any Not for Profit Institution where one of its objectives or primary activities is education, training or welfare of persons with disabilities, A Government Office, or An educational institution determined by the Minister | No | Yes | |
| Italy | Articles 71 bis and 71 nonies of the Law for the Protection of Copyright and Neighbouring Rights, (as amended up to 2010) | Persons with disability in the categories as defined by Ministerial decree | Any lawfully published work | Formats directly related to the disability and only to that extent | No restrictions, but could be set by Ministerial decree | No | Yes | |
| Japan | Articles 33bis, 37, 48, Copyright Law as amended up to 2004 | Visually handicapped persons and visually handicapped children/pupils | Works that have been lawfully disclosed and school textbooks (for children) | Braille, including electronically recorded Braille and Large prints | No restrictions found, Braille libraries and other establishments designated by the Cabinet order for sound recordings | No | Yes | |
| Kazakhstan | Articles 19 and 16, Law on Copyright and Neighbouring Rights, 1996, as amended up to 2012 | Blind persons and persons requiring Braille | Any work, except those created in special formats for the blind | Braille or other special means for the benefit of the blind | No restrictions | No | Signed but not ratified | |
| Republic of Korea | Articles 30 and 34, Copyright Act No 3916, 1989 as amended up to 2013 | Blind persons | Works that have been made public | Braille or sound recordings | No restrictions for Braille, sound recordings can be used only at facilities established for the promotion of the blind as prescribed by Presidential Decree | Yes | Yes | |
| Kyrgyztan | Articles 19, 16, Law on Copyright and related Rights,1998 as amended up to 2014 | Persons requiring Braille and Blind persons | Lawfully published works, except those created for this purpose | Braille copies or those produced by other means for blind persons | No restrictions | No | Signed but not ratified | |
| Latvia | Sections 19, 22, Copyright Law as amended up to 2011) | Visually and hearing impaired persons | Any work published lawfully | Formats that permit a visually or hearing impaired person to use it | Organizations for the visually and hearing impaired and libraries providing services to such people are permitted to undertake this activity. However, other persons are not barred other than by limitations imposed | No | Yes | |
| Lithuania | Article 25, Law on Copyright and Related Rights No VIII-1185, 1999 (As amended up to 2014) | Visually and hearing impaired persons | Lawfully published works other than those created in special formats for this purpose | In any format that would benefit the persons having hearing or visual impairment | No restrictions found | Yes | Yes | |
| Macau | Articles 65, 66, Decree-Law No 43/99/M of 1999 | Blind persons and those who require Braille | Published works and lectures by Professors | Braille copies or any other format for blind persons | No restrictions on making copies on Braille. However, fixation of lectures may be done only by the Blind persons | No | No | |
| Malaysia | Section 13, Copyright Act 1987 as amended up to 2006 | Persons who require Braille copies and persons who are deaf, hard of hearing, physically or mentally handicapped in other ways | Any published work, and television broadcasts | Braille copies and copies with subtitles or other modifications for the end beneficiaries | Braille copies can be used only by the Braille MAB Library, and for television broadcasts, bodies and institutions which the Minister has prescribed | No | Yes | |
| Republic of Moldova | Article 22, Law of Republic of Moldova on Copyright and Neighbouring Rights, 2004 | Blind persons | Published works except those created for this purpose | Braille only | No restrictions found | Yes | Yes | |
| Mongolia | Article 24, Law of Mongolia on Copyright as amended up to 2006 | Visually and hearing impaired persons | Lawfully published works | Any format that can be used by the disabled | No restrictions | Yes | Yes | |
| Netherlands | Articles 15i, 15c and 29a of the Copyright Act 1912 as amended up to 2008 | Handicapped individuals | Literary, scientific and artistic works | Formats directly related to the handicap and necessary because of the handicap | No restrictions found | No | Signed but not ratified | |
| New Zealand | Articles 69, 89, Copyright Act 1994 (version 2014) | A person with a print disability [as defined in Article 69(4)] and persons who are deaf or hard of hearing, or physically or mentally handicapped in any other way | For print disabled, literary or dramatic works and for others, television broadcasts or cable programmes | Braille copies or copies with other modifications for the special needs of the people, and copies that are subtitled or otherwise modified for the special needs | A body prescribed by regulations | No | Yes | |
| Nicaragua | Articles 32 (2), Law on Copyright and Related Rights, 1999 (version 2001) | Visually impaired people | Any lawfully published work | Copies made using the Braille system or any other format necessary | No restrictions | No | Yes | |
| Nigeria | Second Schedule, Copyright Act, 1988 No 47 (No. 42) (version 2004) | Blind people for Braille copies, disabled persons for sound recordings | Any lawfully published works | Braille copies or sound recordings | For sound recordings, only institutions or establishments approved by the Government for the promotion of the welfare of other disabled persons | Yes | Yes | |
| Norway | Sections 17, 17a, 17b, 11, 53b and 12, of Act No 2, relating to Copyright in Literary, Scientific and Artistic Works Etc (version 2005) | Blind persons and other disabled persons | Any published literary, scientific, musical work, film and, any published film or picture or transmitted broadcast program , except any work which has been made specifically for this purpose | For blind persons, any form other than a sound fixation and for the disabled, a fixation on a device that can reproduce the fixation. | No restrictions for the Blind, however, for the disabled, only organizations and libraries as specified by the Kind | Yes | Yes | |
| Panama | Article 47 of Law No. 15 of 8 August 1994 | Blind and other handicapped persons.
Mere public communication is permitted |
Any lawfully published work | No reproduction permitted, hence no accessible formats can be made | No restrictions founds | Yes | Yes | |
| Paraguay | Articles 39 and 45, Law No. 1328/98 on Copyright and Related Rights | Visually handicapped persons | Lawfully disclosed work | Braille or another specific form for the use of visually handicapped | No restrictions found | Yes | Yes | |
| Peru | Articles 43, 50 of Copyright Act- Legislative Decree No 822 of 23 April 1996 | Blind people | Lawfully disclosed works | Braille or another specific format to assist blind persons | No restrictions | Yes | Yes | |
| Poland | Articles 331, 34, 35, Act on Copyright and Related Rights, 1994 | Disabled persons | Lawfully disseminated works | No restrictions on the format; any format which is required by the disabled shall be permitted | No restrictions | Yes | Yes | |
| Portugal | Articles 75, 76, 80, 221, 222 of Copyright and Related Right as amended up to 2008 | Blind people and people with disability | Lawfully published works | Braille or another system for blind people, and formats directly related to the disability | No restrictions | No | Yes | |
| Russian Federation | Articles 19, 16 of Law of Copyright and Neighbouring Rights, 1993 | Persons needing access to Braille copies or other formats for the blind | Lawfully published works, other than those specifically created for this purpose | Braille copies or other special formats for the blind | No restrictions | No | Yes | |
| Singapore | Sections 54, 261D of Copyright Act (Chapter 63) version 2008 | Handicapped readers | Literary or dramatic works that have been published, and where the format has been published, it can be made under the exception that it is not possible to obtain the published copy in a reasonable time and at an ordinary commercial price | Sound recording, Braille copies, large print or photographic version | Body administering an institution assisting handicapped readers, which includes educational institutions | No | Yes | |
| Slovakia | Sections 29, 25, 38 of Copyright Act, 2004 | Handicapped persons | Lawfully disclosed works | Formats used exclusively for the needs of the handicapped people | No restrictions | No | Yes | |
| Slovenia | Articles 47a, 46, 166c, Copyright and Related Rights Act, 1995 (amended up to 2001) | Persons with disability | Any work that is not available in the desired format | Formats used directly to assist the disability | No restrictions | Yes | Yes | |
| Spain | Article 31, Royal Legislative Decree 1/1996, (amended up to 2011) | Blind persons | Lawfully disclosed works | Braille system or another specific method | No restrictions | No | Yes | |
| Sweden | Articles 17, 52f of Act on Copyright in Literary and Artistic Works | Persons with disability | Literary and musical works and works of visual art | Formats that can be used to assist the disabled | No restrictions, except for communication of any work to those with a disability, and making, distribution and communication of a sound recording, when the activity can only be undertaken by libraries and organizations as decided by the Government | No | Yes | |
| Ukraine | Articles 21, 15, Law on Copyright and Related Rights 2011 | Blind persons | Lawfully disclosed works | Braille only | No restrictions | No | Yes | |
| Uzbekistan | Article 28, Law on Copyright and Neighbouring Rights, 1996 (2011 version) | Blind persons | Lawfully published works, except those specially created for blind people | Relief-dot font or other means for blind people | No restrictions | No | Yes | |
| United Kingdom | Sections 31A to 31F, 74, 28, and 296ZE of the Copyright, Designs and Patents Act 1988 (2003 version) | Visually impaired people, people who are deaf or hard of hearing or physically or mentally handicapped in other ways. | Literary, dramatic, musical or artistic works or published editions, which a visually impaired person has in their lawful possession and which are not accessible to him because of the impairment, television broadcasts, including those delivered by a cable | Any accessible copy, and copies that are subtitled or otherwise modified for the special needs of the beneficiaries | (i) For making accessible copies of works that the person have in their possession, only the visually impaired or someone on his behalf; (ii) for making copies by approved bodies for supply to visually impaired persons, an approved body which is an educational establishment and (iii) for making subtitled or modified copies of broadcasts for supply, only a designated body | Yes | Yes | |
| United States of America | Sections 121, 110 and 1201 of United States Code -Title 17, as amended up to 2004 | Blind persons, or other persons with disabilities | (i) For making specialized formats by authorized entities, previously published, non dramatic literary work, but not standardized, secure or norm-referenced tests and related testing material, or computer programs, other than the portions in conventional human language that are displayed to users when the program is in use
(ii) For publishers, instructional materials for use in elementary or secondary schools (iii) For transmission of performances of literary works to blind/handicapped persons, any literary work which has been published at least ten years prior to the date of performance |
(i) Specialized formats, i.e, Braille, audio or digital texts, exclusively for use by blind people or people with other disabilities
(ii) Copies of electronic files as described in legislation relating to individuals with disabilities. The copies must be used solely for reproduction and distribution of the contents in specialized formats (iii) Copies are not permitted except transmissions specifically designed for and primarily directed to blind or other handicapped persons who are unable to read normal printed material as a result of their handicap |
(i) Activity must be by an authorized entity, which is non-profit organization or governmental agency that has primary mission to provide specialized services relating to training, education or adaptive reading or information access needs of blind/persons with disabilities
(ii) Activity by publisher of print instructional materials (iii) The transmission must be made through the facilities of a governmental body, a non-commercial educational broadcast station, a radio sub carrier authorization or a cable system |
Yes | Signed but not ratified |
