Do I have to get the publisher’s permission before I make accessible copies?

Under the Copyright Act 1968, educational institutions can reproduce materials in alternative formats for people with a print disability or an intellectual disability, without the publisher’s permission, if not commercially available.   

The Act makes a distinction between editing material for a person with a print disability, and translating material for a person with an intellectual disability.  If you are planning to change the words of the original to suit the needs of a person with a print disability, then you do need to have the permission of the copyright owner.  If you need to change the material to make it easier for a person with an intellectual disability to understand, then you do not need to have the copyright owner’s permission.

It is a good idea to contact the publisher for an electronic copy of the material, to make it easier to produce large print, e-text, or Braille.  This electronic copy should not cost more than the printed copy, as this would be unfair treatment on the grounds of disability, according to the Disability Discrimination Act 1992.

We have a student who is blind and uses a screen reader on the computer.  The student has requested the workbook in electronic text as well as Braille?  Can we provide the text in two different formats? 

The Act does not limit the number of formats to which the materials can be converted.

The manual for the word processing course relies heavily on using the mouse, which our student cannot do.  We need to insert new instructions on using the keyboard to do the same tasks the guide describes.  Do we need to have the publisher’s permission to do this?

This editing is altering the words of the original work, and therefore you need to have the permission of the copyright owner.  Alternatively, you could create an additional resource with keyboard instructions.

Students study a novel as a part of our course.  We have found an audio recording of the novel at the local library, but have been unable to find it available for sale.  There are three students with a print disability who could use audio copies of the novel.  Can we borrow it from the library and reproduce a copy for each of the students?

You can make copies of sound recordings for people with an intellectual disability, if you cannot buy copies.

You can’t make copies of sound recordings for people with a print disability. 

BUT - there are provisions for research and study in the Act.  These allow for ‘fair’ copying, generally 10% of the pages, or one chapter.

Under these same provisions, if you cannot buy a copy of a published work within a reasonable time, then you can copy 100% of the work. 

There are four people in the class who require the material in alternative format.  Do they each have to buy a printed copy of the material before we can give them a copy in the alternative format they require?

No.  There is no requirement in the Copyright Act 1968 that a person with a print disability must buy the printed, inaccessible copy before they can have an accessible copy.

In that case, if the training provider were producing five copies in alternative formats, do they have to purchase five printed copies?

No.  There is no requirement that the provider purchases even one copy.

Information about accessible formats (CD)