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4 - The Role of Copyright Laws in Restricting Access to Information and Contributing to the Book Famine

Published online by Cambridge University Press:  01 June 2017

Paul Harpur
Affiliation:
University of Queensland
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Summary

The starting point with copyright is that access without authorisation from the rights-holder is not permitted. This chapter argues that the restrictions on creating derivative works, combined with the long life of these restrictions, inhibit creativity and the development of disability accessible markets. This chapter analyses how copyright laws restrict unauthorised use of works. While Creative Commons licenses are a form of copyright that enhances access, most copyrighted works are only usable with the permission of the rights-holder unless one of the exceptions discussed in the following chapter applies. While digital forms of books are often available, copyright laws enable rights-holders to use code to prevent people using adaptive technology from accessing content. This chapter argues that while some rights-holders are prepared to tolerate difference and provide support, relying upon support from rights-holders will never achieve equality. This is especially the case where many works are so called orphan works; that is where rights-holders are not readily identifiable or contactable. Finally, this chapter will consider how the operation of secondary infringement liability operates as a disincentive to reduce the creation of derivative works in formats that are more accessible to persons with disabilities
Type
Chapter
Information
Discrimination, Copyright and Equality
Opening the e-Book for the Print-Disabled
, pp. 93 - 122
Publisher: Cambridge University Press
Print publication year: 2017

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