16.6 Part VA of the Copyright Act provides for a statutory licence for copying and communicating broadcasts that is available to an institution assisting persons with an intellectual disability. Part VB contains a statutory licence for reproducing and communicating works, available for institutions assisting persons with print disability (literary or dramatic works only) or intellectual disability (literary, dramatic, artistic and musical works). The Part VB licence allows reproduction of the work in one of five versions: sound recording, Braille, large print, photographic or electronic.
16.7 The licence does not extend to making a reproduction of a work in a particular format if there is already a commercially available version in that format. The statutory licences require equitable remuneration to be paid, but Copyright Agency has indicated that it does not collect payment for these uses.
16.8 There is no comprehensive exception for individual users. Copyright Agency notes that individuals can create accessible materials by relying on exceptions for format shifting, fair dealing for research and study, and ‘special cases’ (s 200AB).
16.9 AMCOS has provided a licence for music to the National Information Library Service. It does not cover all repertoire and is only available for copying for students.
Copyright Act 1968 (Cth) pt VA. A broadcast, for the purpose of pt VA, extends to the content of a free-to-air broadcast made available online by a broadcaster: s 135C(1). See also Ch 19.
Ibid s 135ZQ.
Copyright Agency, Submission 727.
Copyright Agency, Submission 866, see also Australian Copyright Council, Print Disability Copyright Guidelines (2007).
RBS.RVIB.VAF Ltd, Blind Citizens Australia, Royal Institute for Deaf and Blind Children, Submission to the Copyright Law Branch, Attorney-General’s Department on Fair Use and Other Copyright Exceptions (2005).