Copyright issues relating to the visually impaired

Following the Copyright (Visually Impaired Persons) Act 2002, in certain circumstances it is possible to make copies of copyright works in formats suitable for VIPs without prior consent from the rights holder(s). The CLA Licence also provides for the making of enlarged photocopies for partially sighted staff and students.

Visit:  Copyright (Visually Impaired Persons) Act 2002 (external website)

The term “VIP” - Visually Impaired Person - includes someone,

• who is blind or partially sighted, OR
• whose sight cannot be improved by the use of corrective lenses to a level that would normally be acceptable for reading without a special level or kind of light, OR
• who is unable, through physical disability to hold or manipulate a book or to focus or move his/her eyes to the extent that would normally be acceptable for reading.       

It does not include people with dyslexia.

It is possible to make single or multiple copies of the whole or part of a literary, dramatic, musical or artistic work in a format which is accessible to a VIP.

Making single copies

In order to make a single accessible copy of the whole or part of a copyright work,

• the VIP must have lawful possession or use of an original copyright work, i.e. to own, have borrowed or have access to a reference copy; AND
• the format needed by the VIP must not already be available commercially.       

The copy may be made by the VIP or by someone else on his/her behalf. If any charge is made, it must not exceed the cost of making and supplying the copy. 

The copy must bear an acknowledgement, i.e. details of the author, title, edition etc. and the following statement.

“This is an accessible copy made under the terms of Section 31A of the Copyright, Designs and Patents Act 1988” 

If the University makes an accessible copy for a visually impaired student or member of staff, it is possible for the copy to be returned to the University and stored for later use by another VIP, provided that the conditions as to lawful possession or use set out above continue to be met.

Making multiple copies

The University, as an approved body under the Act, may make multiple accessible copies for VIPs.

In order to make multiple accessible copies of the whole or part of a copyright work,

the University must have lawful possession or use of an original copyright work, i.e. to own or have borrowed it; AND

the format needed by the VIPs must not be already available commercially. The copies must bear an acknowledgement, i.e. details of the author, title, edition etc. and the following statement.

“This is an accessible copy made under the terms of Section 31B of the Copyright, Designs and Patents Act 1988” 

Records must be kept of the accessible copies made and of the VIPs to whom they are supplied. The rights holder(s) or a body which represents them must be notified within a reasonable time (not specified by the Act) of the accessible copies made. The rights holder(s) or a body representing them must be permitted to inspect the records at any time, on their giving of reasonable notice.

If any charge is made, it must not exceed the cost of making and supplying the copy. 

If the original is in copy-protected electronic form, then as far as it is reasonably practicable to do so, the accessible copy must incorporate the same or equally effective protection unless the rights holder(s) agrees otherwise. 

The copies may be given or lent to VIPs. If they are lent, then they can be returned to the University and stored for later use by other VIPs, provided that the conditions as to lawful possession or use set out above continue to be met. 

The University must ensure that the accessible copies are used only for the educational purposes of the University. 

If, in the process of production of the accessible copies, the University necessarily creates an intermediate copy, e.g. an electronic copy, this can be kept solely in order to produce further accessible copies in the future. The University must, however, continue to have lawful possession or use of the original work as set out above for it to hold an intermediate copy. If the University ceases to have lawful possession or use, the intermediate copy would need to be destroyed.

The CLA Licence permits the University to make enlarged photocopies, i.e. at least 16 point, for visually impaired students and staff. It is possible to copy the whole or part of a copyright work, provided it is covered by the CLA Licence and is not on the CLA List of excluded categories and works.

Visit: List of excluded categories and works (external website)

The following conditions apply to this copying.

• At least one copy of the original published edition of the work must have been bought by the University and be available to other students and staff.
• The work must not already be available commercially in a suitable large print format.
• Electronic storage or transmission is not permitted.
• Enlarged copies may only be made for and used by visually impaired students and staff. They may not be placed in the Information Services Offprints Collection.
• The enlarged copies may not be edited or bound with other copyright material.
• The number of enlarged copies made must not exceed those required for the purposes of instruction.  

Visit:  The Offprints Collection