Level 3,
Ross House,
247 Flinders Lane
Melbourne Victoria 3000
Tel 03 9654 1400
Toll Free 1800 033 660
Fax 03 9650 3200
Email: bca@bca.org.au

Blind Citizens Australia

Blind Citizens Australia ABN 90 006 985 226.  Gifts are Tax Deductible

157_org_Blind Citizens Australia

Australian Law Reform Commission
Inquiry into Copyright and the Digital Economy

November 2012

Attention:
The Executive Director
Australian Law Reform Commission
GPO Box 3708
Sydney NSW 2001
Email: copyright@alrc.gov.au 

Who we are and why we say what we say: About Blind Citizens Australia

Blind Citizens Australia is unique in that our organisation is solely made up of and represents people who are blind or vision impaired. All of our Board of Directors and our branch committees are required by our Constitution to be a person who is blind or vision impaired. Many of our staff are also vision impaired. We have over 3000 members around Australia who are all people who experience blindness – whether they be a parent, highly successful professional, job seeker, volunteer or student. This is why we are best placed to comment on the specific information needs of people who are blind or vision impaired. 

We are driven by our mission to achieve equity and equality by our empowerment, by promoting positive community attitudes and by striving for high quality and accessible services which meet our needs.

Blind Citizens Australia welcomes the opportunity to provide comment to the Australian Law Reform Commission’s Inquiry into Copyright and the Digital Economy. We acknowledge the Terms of Reference of this Inquiry and bring to the attention of the Commission our comments regarding the fair use of copyright material and the appropriate access to material for private and domestic purposes. While our comments naturally focus on improving access to printed materials for people with a print disability, our comments align to the parameters set for this Inquiry. 

Overview

First and foremost, Blind Citizens Australia maintains that copyright rules must not result in discrimination against people with disability. 

For many people who are blind or vision impaired, the rules surrounding copyright and the provision of printed material in accessible formats are unclear and vague. As highlighted by the Australian Communications Consumer Action Network (ACCAN) (of which Blind Citizens Australia is a member) in their position statement on copyright, clauses such as “unreasonably prejudice the legitimate interests of the copyright owner” and understanding what reasonably constitutes a “special case” can be difficult for a lay person to interpret. 

Blind Citizens Australia asserts that people who cannot access printed materials should have equivalent access to electronic and other accessible versions. For some individuals, this might need to include the provision of the same piece of work in a number of different formats. These versions should be able to be created by an individual and/ or organisations without the fear of legal action. Blind Citizens Australia also agrees with ACCAN’s recommendation that rules which make it illegal for people to use or obtain technologies that enable use of accessible electronic versions should be abolished.

It is also important that people who are blind should not be penalised when they record or copy from one format to another for private non commercial use. Just as a person may make physical photocopies of a resource for study purposes (without having to seek copyright), a person who is blind should be able to access printed material and other materials in addition to print accessibly. One of our members provides the following example in relation to DVD content:  

“When I legally purchase a DVD that has audio description, it is not actually in a format that is easiest to access. Because I don’t need a TV screen in order to enjoy these movies, I prefer to have them in mp3 format so that I can listen to them on the train etc via a portable device such as the PlexTalk Pocket. I use a program called DVD Audio Extracter to rip the audio, including the AD track to mp3 – but technically this is illegal although I have actually paid for the movie. The companies releasing the DVDs have taken things one step further by placing copyright protection on many newer DVDs so that you can’t extract the audio. This prevents me from accessing that movie in a way that is useful to me as a person who is blind. I believe that once you purchase a DVD, you own the rights to that movie and should be permitted to access it in whichever format you please”. 

It is imperative that amendments to copyright law moving into the future are consistent with the tenants of the Disability Discrimination Act 1992 (Cth) and the United Nations Convention on the Rights of Persons with Disabilities.

World Intellectual Property Organisation (WIPO) Copyright Treaty

As the Australian Law Reform Commission is no doubt aware, Australia has provided its official support to the WIPO Treaty on Copyright. Blind Citizens Australia is supportive of the WIPO Treaty and encourages legislative reforms which are in line with the Treaty to ensure improved accessibility of materials for people who are blind or vision impaired. 

One of the major setbacks preventing access to print material for Australians who are blind or vision impaired is the inability for texts that have already been reproduced in accessible formats in other countries to be shared for the benefit of people who are blind or vision impaired internationally. Organisations responsible for transcribing books are often under-funded and under-resourced, meaning that their ability to reproduce a vast number of texts and provide people who are blind or vision impaired with choice is extremely limited. Allowing cross-border sharing of accessible materials, as advocated by the World Blind Union, would prevent resources being wasted on the reproduction of texts that had already been reproduced overseas. This would ultimately allow a much greater level of access to literary works for people with a print disability.

In order for Australians who are blind to enjoy the same level of access that is experienced by their sighted peers, it is necessary to allow access to accessible electronic copies of all published works; an ideal which is already becoming a reality in both Canada and the United States. The creation of secure online text repositories for the exclusive use of people who are blind has allowed these countries to provide a highly beneficial service with little impact on copyright owners.
  
Access to copyright materials

Agreements currently in place rely on goodwill rather than on the right of an Australian citizen enabled-in-law to access information disseminated publicly. People who are blind or vision impaired may require access to more than one format to ensure they are able to participate in all aspects of Australian life and for life long learning. 

“I find it very frustrating as a library participant, to be told that audio versions of books by Australian authors such as Di Morrissey, Bryce Courtenay, Evan Green and so on, are not able to be made into audio because of copyright restrictions. However, when trying to locate these same authors from my local municipal library, these books are readily available in print. Some are in audio, but not most. Why is that? If a book can be loaned out to people in print, why is there a difference in format? It's very frustrating as I do not wish to purchase the book, just borrow it.” 

“In a work situation, it is critical that we have access to all the professional publications that everyone else does in a readily accessible format so that time is not wasted having to first find where to buy a print copy of a book and then scan it in.” 

Fair use

Question 52 of the issues paper queries whether the Copyright Act should be amended to include a broad, flexible exception when it comes to fair use. 

In 2005, Blind Citizens Australia made a submission to the Attorney General’s office on fair use and other copyright exemptions which informed the last formal review of copyright law. Since that time, there has been significant growth in the availability of technologies to assist people who are blind or vision impaired to independently, efficiently and cost effectively access material which had been largely out of reach. 
From the IPad and IPhone with built in screen reading software which reads information audibly to significant developments in portable equipment to enable a person to access material for home, work and leisure, access to information has had the capacity to markedly increase. 

Furthermore, while many of our members enjoy accessing books in audio and hard copy Braille, electronic texts offer significant benefits as they are far more portable than large Braille volumes; these texts can be read via a digital Braille display, copied to a portable Braille note taking device or can be send to an embosser to produce hardcopy Braille when it is required.

While access to information, particularly online and in electronic formats has increased markedly, there is still a vast amount of printed material which is inaccessible to people who are blind or vision impaired. Worldwide, it is still estimated that only 5% of printed material is available in an accessible format. Copyright restrictions and the limitation of “fair use” have significantly contributed to this negligible figure. 

“The trouble is that I can’t get much Australian material because very little of it seems to be made available in alternative formats.” 

“I have no idea how it is decided which titles are put into alternate formats and which aren't.  Are there categories that miss out?  Not everyone is only interested in a popular read. There are a range of categories that we're interested in. For example now that I'm hoping to get pregnant will I be able to access an alternate format copy of ‘Up the Duff’ by Kaz Cook before I give birth?”. 

Blind Citizens Australia asserts that copyright law needs to reflect changes in how people are now choosing to access information which, in turn, will ensure that people who have no choice but to access information in formats other than print are not left behind. 

Applying for and obtaining copyright approval 

“I’ve purchased a cookbook and sent it to Vision Australia library for translation to a CD publication. When I buy an appliance, I need the instruction book and recipes to be re-recorded in an audio format. At times I have had to wait some months whilst Vision Australia obtains permission from the copyright holders.” 

 “There is always a lag between when a book is released and when alternate formats are produced, if they are produced at all. We should be able to have access to a new release when everyone else does.” 

“My main concern with copyright is that for an existing print book to be made into audio it is considered a performance and needs new copyright even if the book isn't dramatised”. 
 
Blind Citizens Australia asserts that once copyright permission is granted to an entity to reproduce a publication in one type of accessible format, there should not be a requirement to reapply for copyright to produce it in a different accessible format, as is the current case. The current requirement to seek permission to produce in each format – be that large print, audio, e-text, Braille and so on – can lead to significant delays in producing a piece of work in a format that is necessary to an individual who is blind. While many pieces of work are read for leisure, many individuals who are blind or vision impaired are reliant on information transcription to conduct activities in their everyday life (as indicated in the example above regarding the appliance manual), for study and in the workplace. Delays in obtaining these materials can have negative repercussions – without accessible study materials, many students report increased levels of stress that they will fall academically behind their peers. An employee without the accessible materials they need is at risk of performing less efficiently despite their best efforts. Being locked out of the printed world can have repercussions on education, employability and participation in life and the community. 

The current process of seeking permission for each format also imposes an unnecessary financial and time cost on organisations who produce materials in accessible formats for people with print disability. This is particularly true for organisations who fundraise to deliver other blindness specific services to improve the opportunities and skills of people who are blind or vision impaired but must direct finances and staff to meet current copyright requirements.  

Blind Citizens Australia asserts that as long as the integrity of the publication is maintained and permission has been granted for its initial release, approval should be a matter of course. 

Copyright restrictions can restrict choice and quality

It is our understanding that when copyright is granted to one company or organisation to produce a piece of work in audio format, other organisations may be denied permission to produce the same work in the same accessible format. This provision can negatively impacts on the choices available to people who are blind or vision impaired. 

Developments in technology and screen reading software have seen many audio publications being produced using synthesised voice. Synthesised voice can have its advantages including a quick turn around time for production and a lower production cost. Conversely, many members report that a non human voice is impersonal and can lack the warmth and character of a human narrated novel. Anecdotally, we are aware that a significant proportion of our members, particularly people who have acquired their sight loss later in life, find it difficult to listen to synthesised speech, with some noting that they avoid synthesised speech books altogether. 

This can pose a significant issue where copyright licencing is only provided to one supplier who may only supply books in synthesised format.  

“One issue is synthetic speech books. More and more are being produced in this method and they're dreadful. I've just managed to "read" a 54 hour synthetically read book and the experience has been very difficult. One needs to concentrate so hard it is just not relaxing. Are these books being produced in this way because permission isn't obtainable to produce in narrated audio? I've had other books in similar synthetic speech, but only a couple would be classified as educational. "The Power of Now" by Eckhard Tolle for instance, must be a great book if "read" by a narrator. The synthetic version raced through with no pauses to reflect on the words and messages. It just did not appeal to me, however, if it were available in a narrated version, I'd like to "read" it again.” 

The same member went on to add:

“My First Aid manual was so difficult to understand I had to listen three times to understand the mispronunciations and speed. Without full stops, synthetic books are read out in a hectic manner. Horrible!”.

Providing permission to one company and not to others can also create financial barriers to accessing material which is otherwise readily available to the public. In some instances, for profit commercial providers have received copyright approval to produce a piece of work in an accessible format, with permission only granted to that company. This can leave individuals who are blind or vision impaired, many of whom are on low incomes with only two choices – to request an inter-library loan through services such as Vision Australia’s library service which may take months due to the smaller quantities of audio books available or to purchase the book outright. While this may be acceptable for one book, this can become a significant cost for people who simply want to enjoy a novel like their peers. 

Format shifting

Blind Citizens Australia supports ACCAN’s recommendation that consumers should have the right to “record and format shift content that has been acquired lawfully, for non-commercial use. The rules must be simple, technology-neutral and easy for consumers to understand”. 

People who are blind or have a print disability expect that their access to published printed materials will be available at costs and within timelines that are equivalent to those expected by the general community. Technological developments mean that this is possible for many through the use of speech enabled computers, Optical Character Recognition (OCR) Programs and commercially available document scanners. Many of our members have the skills and willingness to purchase print versions of copyright protected works, which they can then scan to create an electronically accessible version of the work for their private use. Some of our members have the skills to produce their own Braille versions of works or to convert a PDF document into an accessible Word format. 

In these instances, it is imperative that format shifting is not seen to be a breach of the Copyright Act. Furthermore, as highlighted earlier, requirements to re-source permissions for titles that have previously been cleared for copyright to facilitate format shifting should be removed. 

“We (people who are blind or vision impaired) really only "format shift" to make printed inaccessible information accessible, not for any other reason. We may then use this format shifted information on a range of devices, such as IPhones, IPods, PCs, Laptops etc. Some of these devices may be mainstream products and some may be adaptive technology for people who are blind or vision impaired, so we may end up with more than one version but we have no intention of sharing the Copyright Protected item for financial gain or sharing it with others.” 

It is our view that a fair usage provision which recognises the need for individuals with a print disability to format shift from an inaccessible to accessible copy would dramatically enhance access for a significant proportion of the population and also advantage copyright owners through increased sales of their works.  

Closing

Blind Citizens Australia welcomes reforms to copyright which enable people to legally access the information they need, when they need it, in the format they need it, irrespective of the attributes a person has. One of our members puts it best:

“I'm sure that there are many books on my "want to read" list that have not been produced due to copyright restrictions. Why? I'm just a library user like my sighted counterparts. Do they also have copyright restrictions?”

More information?

Jessica Zammit
National Policy Officer
Blind Citizens Australia
Ross House, Level 3, 247-251 Flinders Lane
Melbourne VIC 3000
Phone: 03 9654 1400
Email: jessica.zammit@bca.org.au 

This submission is available in large print, audio, Braille and in electronic formats for access by people who are blind or vision impaired.