Declaration of institution assisting persons with a print disability - Queensland Braille Writing Association

Overview

The Copyright Act 1968, enacted by the Commonwealth Parliament of Australia, was introduced to establish a framework for protecting intellectual property rights in copyrightable subject matter. One of its primary objectives is to balance the rights of creators with the public interest in access to knowledge and culture. In this context, the Act was updated to address the gap in access to literary works for individuals with print disabilities. The 2013 declaration under Section 10A(1)(c) by Mark Dreyfus QC, the Attorney-General, recognised the Queensland Braille Writing Association as an institution assisting persons with a print disability. This recognition facilitates the production and distribution of accessible formats of published works, such as braille and audio books, thereby enhancing the accessibility of literary content for those with visual impairments and ensuring compliance with the Act's policy objective to promote equitable access to copyrighted material.

Scope and Application

The Copyright Act 1968, as amended, provides various provisions for the protection of copyright in Australia. Under Section 10A, specific entities can be declared as institutions assisting persons with print disabilities, enabling them to reproduce and disseminate copyrighted material in accessible formats without infringing copyright. The Attorney-General, Mark Dreyfus QC, has exercised his authority under Section 10A(1)(c) to declare the Queensland Braille Writing Association, located at 507 Ipswich Road, Annerley, QLD 4103, as such an institution. This declaration applies nationally and allows the association to provide services that include the reproduction of literary, dramatic, musical, and artistic works in formats accessible to people with print disabilities, such as Braille or audio formats, without contravening the copyright provisions of the Act. This legislative action is specific and does not extend to any other entities unless similarly declared by the Attorney-General under the same section of the Act.

Key Provisions

The main operative section of the Copyright Act 1968 referenced in this declaration is section 10A, which provides exceptions to copyright infringement for specific acts done for the benefit of eligible persons with a print disability. Specifically, section 10A(1)(c) allows for the declaration of bodies assisting persons with a print disability, which can then reproduce and communicate copyright material in accessible formats without infringing copyright law. In this case, section 10A(1)(c) is used to declare the Queensland Braille Writing Association as such a body, thereby permitting it to create and distribute braille and other accessible formats of copyright material for individuals with print disabilities. The obligations and requirements imposed by the Act on the Queensland Braille Writing Association, as a declared institution, include ensuring that the reproduction and communication of copyright material are solely for the purposes of assisting persons with a print disability. The association must not use the material for any other purpose, such as profit or distribution to persons without a print disability. The association must also ensure that the reproduced material is provided in an accessible format suitable to the needs of the individual with a print disability, as well as abiding by any other conditions set out in the Act or by the copyright owner. The Act provides for potential civil and criminal consequences for breaches of its provisions. For instance, any unauthorised reproduction or communication of copyright material can result in civil liability, including injunctions and damages. Under the Act, a person who knowingly or recklessly infringes copyright can face penalties. In civil cases, the penalties may include damages or an account of profits, as well as orders for the delivery up or destruction of infringing articles. Criminal sanctions can also be imposed, with the maximum penalties including fines and imprisonment, depending on the nature and extent of the infringement. The specific penalties are determined by the courts based on the circumstances of each case.