Book contents
- Discrimination, Copyright and EqualityOpening the E-Book for the Print-Disabled
- Cambridge Disability Law and Policy Series
- Discrimination, Copyright and Equality
- Copyright page
- Contents
- Foreword
- Acknowledgements
- Introduction
- 1 How Technology Has Created the Possibility of Opening the Book: From Hard Copy to E-Books
- 2 Access to Information Communication Technologies, Universal Design and the New Disability Human Rights Paradigm Introduced by the Convention on the Rights of Persons with Disabilities
- 3 The Weakening of the Exception Paradigm: The World Intellectual Property Organization Changes Path with the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled
- 4 The Role of Copyright Laws in Restricting Access to Information and Contributing to the Book Famine
- 5 Exceptions to Rights-Holders’ Exclusivity Provides Limited Relief from the Disabling Impact of Copyright
- 6 Anti-Discrimination Laws Help Protect Persons with Disabilities against Digital Disablement, but Who Qualifies for Protection?
- 7 Causing Digital Disablement Is Not a Trigger for Regulation by Anti-Discrimination Laws: Ignoring Capacity in Favour of Prescribed Relationships
- 8 The Prohibition against Discrimination: Regulating for Equality through Retrofitting Inaccessible Systems
- 9 Introducing Positive Duties in Promoting Equality Outcomes for Persons with Disabilities: The United Kingdom Public Sector Equality Duty Reducing Digital Disablement
- 10 The Right to Digital Equality in Action: Protections under the Canadian Charter of Human Rights and Freedoms and Human Rights Acts
- 11 United States Regulatory Interventions Targeting Disability-Inclusive Digital Environments
- 12 The Enforcement of Legal Duties: Protecting Copyright or Promoting Reading Equality?
- Closing Thoughts and New Options to Reduce Digital Disablement
- Appendix: List of Anti-Discrimination and Civil Rights Laws and Tribunals/Commissions Impacting on Disability in the Federal and State/Province Jurisdictions in Australia, Canada, the United Kingdom and the United States
- Index
5 - Exceptions to Rights-Holders’ Exclusivity Provides Limited Relief from the Disabling Impact of Copyright
Published online by Cambridge University Press: 01 June 2017
Book contents
- Discrimination, Copyright and EqualityOpening the E-Book for the Print-Disabled
- Cambridge Disability Law and Policy Series
- Discrimination, Copyright and Equality
- Copyright page
- Contents
- Foreword
- Acknowledgements
- Introduction
- 1 How Technology Has Created the Possibility of Opening the Book: From Hard Copy to E-Books
- 2 Access to Information Communication Technologies, Universal Design and the New Disability Human Rights Paradigm Introduced by the Convention on the Rights of Persons with Disabilities
- 3 The Weakening of the Exception Paradigm: The World Intellectual Property Organization Changes Path with the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled
- 4 The Role of Copyright Laws in Restricting Access to Information and Contributing to the Book Famine
- 5 Exceptions to Rights-Holders’ Exclusivity Provides Limited Relief from the Disabling Impact of Copyright
- 6 Anti-Discrimination Laws Help Protect Persons with Disabilities against Digital Disablement, but Who Qualifies for Protection?
- 7 Causing Digital Disablement Is Not a Trigger for Regulation by Anti-Discrimination Laws: Ignoring Capacity in Favour of Prescribed Relationships
- 8 The Prohibition against Discrimination: Regulating for Equality through Retrofitting Inaccessible Systems
- 9 Introducing Positive Duties in Promoting Equality Outcomes for Persons with Disabilities: The United Kingdom Public Sector Equality Duty Reducing Digital Disablement
- 10 The Right to Digital Equality in Action: Protections under the Canadian Charter of Human Rights and Freedoms and Human Rights Acts
- 11 United States Regulatory Interventions Targeting Disability-Inclusive Digital Environments
- 12 The Enforcement of Legal Duties: Protecting Copyright or Promoting Reading Equality?
- Closing Thoughts and New Options to Reduce Digital Disablement
- Appendix: List of Anti-Discrimination and Civil Rights Laws and Tribunals/Commissions Impacting on Disability in the Federal and State/Province Jurisdictions in Australia, Canada, the United Kingdom and the United States
- Index
Summary
Copyright operates on the basis that it is in the public interest to restrict the free flow of information. There are, however, situations where the benefits of enabling access outweigh the public benefit in restricting access to works. Copyright accordingly grants a limited monopoly of exploitation which is subject to reasonable and beneficial secondary uses. This chapter analyses the main 2 exceptions. This chapter analyses the exception that regards persons with print disabilities as a special case under the Three-Step Test.
- Type
- Chapter
- Information
- Discrimination, Copyright and EqualityOpening the e-Book for the Print-Disabled, pp. 123 - 152Publisher: Cambridge University PressPrint publication year: 2017