Ireland - 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?

Section 104 –Provision of modified works- of Irish Copyright and Related Rights Act, 2000, makes the following provisions:
"1) A designated body may
(a) make a copy of a work for the purpose of modifying that copy to meet the special needs of a person who has a physical or mental disability, and
(b) supply that modified copy to that person, without infringing the copyright in that work.

[…]

(3) In this section, ‘‘designated body'' means a body designated for the purposes of this section by order of the Minister who shall not designate a body unless he or she is satisfied that the body is not established or conducted for profit."

Article 106 -Adaptation of a work- provides the following:
"It is not an infringement of the copyright in a work to make an adaptation of the work by any act which may otherwise be done without infringing the copyright in a work under this Chapter."

Source: http://portal.unesco.org/culture/en/files/30295/11419222823ie_copyright_2000_en.pdf/ie_copyright_2000_en.pdf

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

Yes.

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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?)

Unlikely, as only organizations designated by the relevant government minister can make accessible copies. However, individuals with vision impairments do scan books for themselves. Monitoring such an activity would be impossible.

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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?)

Books should only be produced and provided to individuals who are vision impaired. The alternate media is not supposed to be shared by others. Organisations can distribute books, but not individuals.

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

The copyright provision is the same for leisure books and educational books.

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 Our thanks to the National Council for the Blind of Ireland (NCBI) for their valuable help.