Guidelines - copyright for print-disabled students
Making copies for print-disabled persons
The University pays a licence fee which allows staff to copy and communicate the whole of a literary work (e.g. books, journal articles etc) or dramatic work (e.g. plays) and to make "master copies" to assist persons with a 'print disability'. The provision to copy literary or dramatic works to assist print disabled persons is in addition to the provisions for copying text, images, TV and radio, and music for educational purposes.
Notice and marking requirements when copying and communicating works to assist persons with a print disability are discussed below.
What is a print disability?
A person is said to have a print disability if they:
- are without sight or severely sight impaired;
- are unable to hold or manipulate printed material, or focus or move their eyes; or
- have a perceptual or other disability which limits their ability to follow a line of print or which affects their concentration.
Reproductions of literary or dramatic works can be
- Braille or 'raised line'
- Large print
- Sound recording
The reproductions can be made in hardcopy or electronic formats.
Making master copies
An initial copy of a literary or dramatic work can be created and kept as a master copy. Accessible versions of the work can then be created from the master copy to assist print disabled persons.
There is no need for staff to check if there is a commercially available copy of the work when making a master copy. However, staff must check for a commercially available version of the work in the required format (i.e. Braille, large print) before providing a copy of a literary or dramatic work to a person with a print disability
Making different versions of master copies
Staff can also make master copies from other master copies. This is useful if you need two or more different versions of the same work (e.g. Braille and large print).
Master copies at other institutions
University staff can make copies of master copies and send them to other print disability organisations such as other universities. Likewise, we can request master copies from other organisations.
If an organisation has not been declared a print disabled organisation then they will not be able to receive a copy of a literary or dramatic work as a master copy. Non print disabled organisations may request an accessible version of a literary or dramatic work on behalf of an individual.
CAL has created a master copy catalogue which can be used to locate master copies available at other institutions. The catalogue can help staff locate versions of works already available and reduce the cost of making another one. Please note there is no requirement to check the catalogue before making a master copy.
Marking and notice requirements when making master copies
Hardcopy master copies
Master copies which are in hardcopy format must be marked with the following notice
This copy of [Title of work] was created on [date created] by or on behalf of Federation University Australia in accordance with section 135ZQ of the Copyright Act 1968 (Cth).
Electronic master copies
There are no requirements to mark master copies made in electronic format. However it is good record keeping practice to do so.
Master copies made as sound recordings
Literary or dramatic works embodied in an analogue (e.g. taped) sound recording such as an audio book, must have either of the following messages recorded immediately before the work
This is a sound recording made on [ day on which the recording was made ] in reliance on section 135ZQ of the Copyright Act 1968.
This is a sound recording made on [ day on which the recording was made ] in reliance on section 135ZQ of the Copyright Act 1968 , solely for use in the making of a reproduction or communication under section 135ZP of that Act for a person with a print disability.
Notices required to be sent to CAL
The University must notify CAL in writing within 3 months of creating a master copy with the following details about the copy
- Details of the work copied [ Title, Author, Publisher, ISSN or ISBN (if applicable)]
- Name of the institution [Federation University Australia]
- Date on which the copy was made
This information is then added to the CAL's catalogue of master copies.
Making copies for print-disabled persons
Staff must check for a commercially available version of the work in the required format before providing a copy of a literary or dramatic work to a person with a print disability. The Library can help determine the availability of certain items.
Some publishers upon request will provide different versions of their publications for the exclusive use of print disabled persons. If you arrange with a publisher to use their version you must abide by their terms and conditions of use.
The University's adaptive equipment may not be compatible with some publisher's version of a work and this should be kept in mind when negotiating with publishers.
Access to copies
Access to copies of a whole work made under the print disability provisions must be restricted to persons with a print disability. If the copy of the work is in an electronic format it can be communicated to the person via a secure method such as email or password authentication to a restricted server.
Marking and notice requirements when making copies for print-disabled persons
Creating a hardcopy of literary or dramatic works to assist print disabled persons
Under the University's licence agreement with CAL there is no prescribed notice.
Communication of literary or dramatic works to assist print disabled persons
An electronic warning notice must be supplied with the communication of the work (e.g. in the email in which the work is attached).