Kazakhstan - 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 -Use of a Work Without the Author's Consent and Without Payment of Remuneration- of the Kazakh Law on Copyright and Neighbouring Rights as entered into force on 10 June 1996 provides as follows:
"The following shall be authorized without the author's consent and without payment of remuneration, but provided that the name of the author whose work is used and the source of the borrowing shall be mentioned:

[…]

6. the reproduction in braille or by other special means for the benefit of the blind, done without gainful intent, of lawfully disclosed works, with the exception of works created specially for such means of reproduction."

Source: http://portal.unesco.org/culture/en/files/30379/11424145143kz_copyright_1996_en.pdf/kz_copyright_1996_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?)

Unclear; exceptions limit activity under exception to braille and specialized formats for the blind, which implies that only those with the capacity for producing braille are allowed; scanning by an individual might not be allowed.

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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?)

Doubtful, as only reproduction is mentioned in the exception; any distribution that takes place would probably have to be done via a library.

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

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