Declaration of institution assisting persons with a print disability - Bundaberg Resource Centre

Overview

The Copyright Act 1968 is an Australian statute enacted by the Commonwealth Parliament to provide comprehensive protection for copyright in literary, dramatic, musical and artistic works. One of its key amendments was introduced to address the need for greater accessibility of copyrighted works for people with print disabilities. This was achieved through the addition of section 10A, which allows for the making of accessible copies of works by authorised institutions. The policy objective behind this provision is to balance the rights of copyright holders with the needs of individuals who require alternative formats to access and enjoy copyrighted material. The 2015 declaration by the Attorney-General, Senator the Hon George Brandis QC, under section 10A(1)(c) of the Copyright Act 1968, recognises Bundaberg Disability Resource Centre Inc as an institution assisting persons with a print disability. This recognition allows the institution to create and distribute accessible copies of works for the benefit of those who cannot read standard print due to disability. This amendment seeks to ensure that individuals with print disabilities are not excluded from enjoying and benefiting from copyrighted works.

Scope and Application

The Copyright Act 1968 is a Commonwealth statute that applies to the entire nation of Australia, regulating the protection of copyright in various forms of literary, dramatic, musical and artistic works. Section 10A of the Act provides specific provisions for the reproduction of works for the benefit of persons with a print disability. Under this section, the Attorney-General can declare an institution to be an assisting institution, which is then authorised to reproduce copyright material in a way that would otherwise infringe copyright, provided that the reproduction is for the use of people with a print disability. The declaration under section 10A(1)(c) made by Senator the Hon George Brandis QC, the Attorney-General, identifies Bundaberg Disability Resource Centre Inc, also known as The Toy Library, as an assisting institution. This declaration means that Bundaberg Disability Resource Centre Inc can reproduce copyright material for people with a print disability without infringing copyright, provided it adheres to the conditions and requirements set out in the Act. The scope of this declaration is confined to the specified entity and its authorised activities in relation to copyright material for print-disabled persons.

Key Provisions

The Copyright Act 1968, in its section 10A, provides an exception to the general prohibitions on copyright infringement where it is for the benefit of persons with a print disability. Under section 10A(1)(c), the Attorney-General has the authority to declare specific institutions as eligible to engage in such activities without infringing copyright. In this instance, section 10A(1)(c) has been utilised to declare the Bundaberg Disability Resource Centre Inc, specifically The Toy Library, as an institution assisting persons with a print disability. This declaration enables the Centre to make and communicate works, adaptations of works, or related rights material in accessible formats, such as braille, audio, or digital formats, to persons with a print disability without contravening copyright law (s 10A(1)(c)). The obligations imposed on the Bundaberg Disability Resource Centre Inc under this declaration include the responsibility to ensure that any works or adaptations made are solely for the benefit of persons with a print disability. The Centre must also ensure that the use of works does not extend beyond the scope of what is necessary to meet the needs of these individuals (s 10A(2)). Additionally, the Centre must not knowingly use the accessible formats for any purpose other than to assist those with a print disability, thereby maintaining the integrity of the declared purpose of the exception (s 10A(3)). Failure to adhere to the obligations outlined in the Copyright Act 1968 can result in civil and criminal penalties. Civilly, any person who infringes the Act's provisions may be liable to damages or an account of profits. Criminally, there are potential penalties for more egregious breaches. For example, under section 117(1), a person who knowingly or recklessly infringes copyright may be liable for a fine of up to $22,000 for each infringement. Additionally, under section 129, a person who knowingly authorises the infringement of copyright may face a fine of up to $110,000 or imprisonment for up to five years, or both, for each infringement. These penalties underscore the seriousness with which the Act regards unauthorised use of copyrighted material, even under the exception for print disabilities.