Iceland - Article 30

Copyright

Does your national copyright legislation contain exceptions and other special provisions for people with visual impairment?
Do these exceptions allow for making copy of a book without the publisher's permission?
Do these exceptions allow for scanning books (in particular is an individual with visual impairment allowed to scan a book for him/herself, or does a special organization have to do it?)
Do these exceptions allow for sharing books produced on accessible formats? (in particular is an individual with visual impairment allowed to share with friends books he/she scanned?)
Are there special copyright provisions regarding accessible text books and other educational material?

 

1. Does your national copyright legislation contain exceptions and other special provisions for people with visual impairment?

Article 19 of the Icelandic Copyright Act No. 73/1972 as last amended by Act No 9 of 28 February 2006 provides the following:
"The making and distribution of copies of published works shall be permitted when such copies are specifically intended for the use of blind, sight-impaired or deaf persons, or persons with reading disabilities or others who, by reason of disabilities, are not capable of reading printed material. This provision shall not apply if the reproduction or distribution is carried out for a commercial purpose.
The authorisation in the first paragraph shall not apply to the reproduction of sound recordings and shall not constitute an authorisation for distribution of copies by means of lending or rental to the public.
[…]
Sound-recording techniques may be used to make copies of works of literature in order to lend them to blind and sight-impaired persons, persons with reading disabilities and others who are not capable of reading ordinary books, providing that these copies are not made for commercial purposes. Authors shall be entitled to fair compensation for such reproductions."
Source: http://eng.menntamalaraduneyti.is/Acts/nr/4411

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2. Do these exceptions allow for making copy of a book without the publisher's permission?

Yes.
Where a work is made public, the source and name of the author must be acknowledged as appropriate.
The activity must not prejudice the rights of the author and the work may not be altered more extensively than is required for the purposes of reproduction.
See http://www.wipo.int/meetings/en/html.jsp?file=/redocs/mdocs/copyright/en/sccr_15/sccr_15_7.html#P5094_568678

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3. Do these exceptions allow for scanning books (in particular is an individual with visual impairment allowed to scan a book for him/herself, or does a special organization have to do it?)

No restrictions found.
See http://www.wipo.int/meetings/en/html.jsp?file=/redocs/mdocs/copyright/en/sccr_15/sccr_15_7.html#P5094_568678

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4. Do these exceptions allow for sharing books produced on accessible formats? (in particular is an individual with visual impairment allowed to share with friends books he/she scanned?)

The above mentioned Copyright Act No. 73/1972 states :
"Any person who has acquired possession of a copy produced by others under the authorisation of the first paragraph of this Article may make similar copies of the copy he has acquired if this is necessary in order for him to use the copy for the purpose for which it is intended; these may include back-up copies. Such copies may not be used for other purposes. The right to use them shall expire if the copy acquired under the authorisation of the first paragraph of this Article is published. This last provision shall not apply, however, if public bodies or other social institutions working in the interests of the public lend or hire out such copies."

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5. Are there special copyright provisions regarding accessible text books and other educational material?

Not in the Icelandic Copyright Act No. 73/1972
According to Article 1 of the Icelandic Library for the Blind Act No 35/1982 the Library for the Blind is a governmental institution under the Ministry of Education.
The library provides talking books that are intended for leisure reading as well as various educational materials. The Library produces educational books for students in framhaldsskóli (the upper secondary level). The students can download the educational material from the library´s website after they´ve signed an informed consent that they will return the material or destroy it after their use. (http://www.bbi.is/nemendur/)

Article 9 of the Icelandic Library for the Blind Act No 35/1982 stipulates that the Ministry of Education makes an agreement with the The Writers´ Union of Iceland regarding the Library´s right to make and distribute copies. In the agreement only persons that have registered accounts within the Library are allowed to obtain such copies.

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