Disability 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