Guidelines for assisting people with disabilities

There are provisions in the Copyright Act that allow material to be reproduced in accessible formats to assist staff and students with disabilities.

The provisions apply to any person with a disability as defined by the Disability Discrimination Act 1992. This includes people living with print or vision impairment, intellectual disabilities, learning disabilities, mental illnesses, people who are deaf or living with a hearing impairment, or people living with physical disabilities. Both permanent and temporary disabilities are covered under these provisions.

There are two separate provisions that apply when reproducing copyright material in accessible formats for staff and students living with disabilities, both of these provisions come under fair dealing. One provision covers institutions providing assistance and facilities for the copying of material into accessible formats on behalf of individuals living with disabilities. The other fair dealing provision covers the people who facilitate access to material for people living with a disability, this provision also covers the person with a disability facilitating their own access. Educational institutions such as The University are included in the definition of institutions assisting people with a disability. Therefore, this provision comes into operation when The University's staff and facilities work towards assisting a student living with a disability.

The two provisions are very similar and are intended to ensure that people with disabilities have the same access to copyright material as people without disabilities.

The provisions apply to:

  • staff and students with a disability that causes them difficulty in reading, viewing, hearing or comprehending copyright material,
  • all types of copyright material – literary, dramatic, musical or artistic works and films or sound recordings.

Benefits include:

  • Copyright material can be converted in whatever accessible format is required by the staff member or student.
  • Once converted the accessible copy can be made available to the staff member or student online for example via the LMS, email or a personal cloud space, such as Dropbox.
  • Accessible copies can be used by staff or students with disabilities for whatever purpose they need. The provision isn't only limited to research or study, personal use is covered as well.
  • Copies of material in accessible format can be kept and reused by other staff or students with disabilities. Copies can also be shared with other institutions assisting people with disabilities.
  • Allows third parties to convert material to accessible formats on either the institution’s or individual’s behalf. For example, it is permitted to allow an external company to caption a lecture recording for a student who is deaf or hearing impaired.

If the copyright material is protected by a technological protection measure (TPM) that prevents the material from being copied, then the TPM can be broken so that the work can be converted into an accessible format.

Material that is converted to accessible formats under these provisions should be correctly cited and include a copyright notice. Access should also be restricted to staff or students with a disability. Contact the Copyright Office if making an accessible copy available to users outside of The University.

There is one key difference between the fair dealing provision for an institution and the fair dealing provision for the individual. Institutions are required to check if the material is already commercially available, in a format that meets the accessibility requirements of the student/staff member that requires the adjusted format. Institutions may still be able to make an accessible copy if the determined use of the accessible material is deemed fair.

The following fairness factors must be taken into consideration to determine if copying is fair:

  • The purpose of making the copy. Does the commercially available copy meet the needs of the individual living with a disability? Can the material be obtained for the individual in a useful time period?
  • The nature of the material. Is the material published and in print and readily available or is it unpublished or out of print and not easily available?
  • The effect of making the copy on the potential market or value of the work. It is unlikely that a more accessible copy would have a big impact on any potential copyright market.
  • The amount and substantiality of the part. Only copy the amount of a work that is needed to meet the accessibility needs or potential accessibility needs of the student.

For further advice please contact the Copyright Office or Student Equity and Disability Support.