CONSULTATION PAPER CHANGES TO THE COPYRIGHT ACT PROVISIONS FOR PEOPLE WITH READING DISABILITIES

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1 Intellectual Property Office of Singapore 51 Bras Basah Road #04-01 Manulife Centre Singapore Tel: (65) Fax: (65) CONSULTATION PAPER CHANGES TO THE COPYRIGHT ACT PROVISIONS FOR PEOPLE WITH READING DISABILITIES PART I: INTRODUCTION 1.1 The Intellectual Property Office of Singapore (IPOS) is seeking feedback from members of the public on proposed changes to the Copyright Act, which will allow persons with reading disabilities greater access to different formats of copyrighted works. 1.2 These changes will allow people with reading disabilities, and organisations that assist such people, greater flexibility to create and distribute copies of copyrighted works in formats accessible to such people. 1.3 All interested parties are invited to comment on the proposed amendments to the Copyright Act as outlined in this paper. Respondents are also welcome to surface any other related issues on the subject matter. PART II: BACKGROUND The current regime 2.1 In the current regime, the Copyright Act provides a set of limitations and exceptions 1 which grant (amongst other provisions) prescribed institutions assisting handicapped readers 2 a statutory licence to make copies of copyrighted works for such readers research or study. The relevant sections of the Act can be found in Annex A. 2.2 However, the Act currently just allows these institutions to reproduce literary or dramatic works in Braille, large-print, photographic or sound recorded editions for their beneficiaries, and only if they are reasonably satisfied that such editions are not commercially available. The Act would require these institutions 1 Limitations and exceptions are provisions in the Copyright Act which allow for acts which would otherwise be considered an infringement of copyright to be carried out under certain circumstances. 2 A handicapped reader is defined in the Act as (a) a blind person; (b) a person suffering severe impairment of his sight; (c) a person unable to hold or manipulate books or to focus or move his eyes; or (d) a person suffering from a perceptual handicap.

2 to keep a record of copies made for their beneficiaries. Rights owners are also allowed to seek equitable remuneration from these institutions. 2.3 Limiting institutions to these formats does not take into account technological advances to assist handicapped readers, such as specialised e-books in the Digital Accessible Information System (DAISY) format. Access to copyrighted works across borders by handicapped readers is also hampered as our current regime does not allow for digital transmission and import/export of such copies, e.g. those from foreign institutions for persons with reading disabilities. Why change? 2.4 The Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled (the Treaty ) was concluded in June The Treaty will allow (amongst other things): (i) (ii) (iii) institutions assisting people with reading disabilities to create copies of works in additional formats that are accessible by people with reading disabilities; such accessible format copies to be distributed; and the import of accessible format copies from, and export of accessible format copies to, similar institutions in other countries that are party to the Treaty. 2.5 The Singapore Government supports this Treaty as it will support the learning needs of Singapore s visually impaired community 3 by increasing their access to a wide variety of copyrighted works such as books and text, graphics and visual art IPOS therefore proposes to amend the Copyright Act to implement the provisions of the Treaty accordingly. PART III: PROPOSED CHANGES TO THE COPYRIGHT ACT 3.1 The draft Copyright (Amendment) Bill is in Annex B. The table below summarises the existing provisions and proposed key changes to the Copyright Act, while the rest of this section explains the proposed amendments in greater detail. 3 Singapore s visually impaired community number is close to 250,000 persons.

3 Existing provisions in the Copyright Act Subject to administrative requirements, the making of a sound recording, Braille version, large-print version and photographic version of a work for use by a handicapped reader for the purpose of research or study or self-instruction is not an infringement of copyright. An institution assisting handicapped readers refers to (a) an educational institution or (b) any other institution, not being an institution conducted for profit, direct or indirect, of an individual or individuals, that has as one of its principal functions, the provision of literary and dramatic works to handicapped readers. No provision for cross-border exchange of accessible format copies. Proposal It will not be an infringement of copyright to make a copy of a work in any format accessible to a person with a reading disability. This includes formats provided for in the existing Copyright Act, as well as electronic books, the DAISY and other future formats that technological advancements may bring about. The principal function in this provision is to be expanded to include artistic works. However, such artistic works will be restricted to architectural or engineering drawings, and prescribed works of a similar nature. Subject to certain conditions, the making of copies of a work in an accessible format copy for the purpose of export to a foreign institution for persons with reading disabilities as well as the making available of an accessible format copy in an electronic form will not constitute an infringement of copyright. Subject to certain conditions, the institutions assisting persons with reading disabilities are allowed to import accessible format copies from foreign institutions for persons with reading disabilities. These institutions are also allowed to distribute them to local persons with reading disabilities. Definitions and scope of exceptions 3.2 The term accessible format copy will be introduced (in section 7) to replace prescribed formats of works which may be copied without infringement. The use of accessible format copy will cover current formats as well as new formats in the future, thus future-proofing this provision.

4 3.3 Feedback has been received that the use of the term handicapped reader is potentially offensive and outdated. It is therefore proposed that the term handicapped reader be replaced with person with a reading disability (in section 7 and other subsequent occurrences). 3.4 Consequently, the term institution assisting handicapped readers will be replaced with institution for reading disabilities. 3.5 The principal functions of an institution for reading disabilities (in section 7) (hereafter called institutions ) has also been expanded to include artistic works. This should be read together with the definition of relevant work (in section 54(18)). Only architectural or engineering drawings or diagrams, or other similar artistic works are covered, so as to facilitate the education and general development of people with reading disabilities. Area for consultation: Scope of artistic works covered Question 1: Do you have any views on limiting the artistic works covered to architectural or engineering drawings or diagrams, or other similar artistic works? Who can copy, distribute, etc. 3.6 The copying, distribution, and making available of accessible format copies can only be done by institutions (section 54(1) to (3)). Area for consultation: Who can copy, distribute, make available Question 2: Do you have any views on continuing to limit these acts to institutions only? General provisions on cross-border exchange; statutory licence to copy 3.7 The term foreign institution for reading disabilities (in section 7 and other subsequent occurrences) will be added to the Act, allowing institutions to carry out cross-border exchange of accessible format copies. 3.8 References to a handicapped reader s copy of a work will now be replaced by the term a person with reading disabilities copy of a work and expanded to include copies not only made by an institution assisting these people, but also those obtained on a non-profit basis from foreign institutions assisting persons with reading disabilities. 3.9 The existing limitations and exceptions for persons with reading disabilities will also specifically cover the production of accessible format copies for people with reading disabilities on a non-profit basis.

5 3.10 Subject to existing requirements such as record-keeping and ensuring that no accessible format copy of the work can be obtained in reasonable time at an ordinary price, the Act will allow fo : (a) the distribution of accessible format copies from institutions for reading disabilities to people with reading disabilities in physical form; and (b) the making available of accessible format copies from institutions for reading disabilities to people with reading disabilities in electronic form Subject to certain requirements such as verifying the identity of a recipient foreign institution for reading disabilities and record-keeping, the Act will also allow for the production and export of accessible format copies on a non-profit basis, as well as the making available of such copies in electronic forms, to such foreign institutions and people with reading disabilities who are not residents of Singapore. Area for consultation: Who can make accessible format copies for export/to be made available to foreign institutions Question 3: Given that there are conditions to be complied with, what are your views that only institutions can make accessible format copies for export/to be made available to foreign institutions? Import of accessible format copies 3.12 Subject to requirements such as for the act to be non-profit, for record-keeping and ensuring that no similar format copies are available within a reasonable time and at an ordinary commercial price, the Act will further allow for institutions for reading disabilities to obtain accessible format copies from similar institutions in other countries, as well as for these institutions to distribute these copies to people with reading disabilities Consequently, the Act will also have to provide for temporary or transient reproduction of the work occurring in the production and making available of accessible format copies (that are received electronically from foreign institutions for reading disability). Area for consultation: Who can import accessible format copies Question 4: Given that there are conditions to be complied with, what are your views that only institutions can import? 3.14 The provision for rights owners to seek equitable remuneration (as mentioned in 2.2) remains, with additional clarification that such remuneration must be for

6 the making of, making available of and distribution of such an accessible format copy. PART IV: ENTITIES AFFECTED BY THESE CHANGES 4.1 The legislative amendments should directly impact persons with reading disabilities, institutions which assist these people, as well as rights owners. PART V: SUBMISSION OF COMMENTS 5.1 IPOS is seeking the views of members of the public, and in particular people whom these amendments will directly affect, on the issues outlined in this paper. 5.2 All submissions should be clearly and concisely written, and should provide reasoned explanations for the views expressed and proposed revisions (if any). Where feasible, parties are expected to identify the specific section on which they are commenting and explain the basis for their proposals. 5.3 IPOS reserves the right to make public all or parts of any written submission and to disclose the identity of the source. Commenting parties may request confidential treatment for any part of the submission which they believe to be proprietary, confidential or commercially sensitive. If IPOS grants confidential treatment, they will consider, but not publicly disclose the information. If IPOS rejects the request for confidential treatment, the information will be returned to the party that submitted it and will not be considered in the review. IPOS will not accept submissions that request confidential treatment for all or a substantial part of the information. 5.4 The consultation period is from 1 November 2013 to 22 November We invite you to submit your comments to IPOS via or hardcopy: Intellectual Property Office of Singapore (IPOS) 51 Bras Basah Road #04-01 Manulife Centre Singapore Website: vit@ipos.gov.sg