Copyright Act Amended to Facilitate Individuals Who are Blind or Visually Impaired

Jamaica has taken a significant step towards inclusivity with the recent amendment to the Copyright Act, prior to the country’s accession to the Marrakesh Treaty on August 28, 2024.

The treaty, designed to facilitate access to published works for individuals who are blind, visually impaired, or otherwise print disabled, marks a critical advancement in addressing the long-standing issue of the “book famine” faced by these communities.

During her participation in a JIS ‘Think Tank’, on August 28, Executive Director of the Jamaica Intellectual Property Office (JIPO), Lilyclaire Bellamy, highlighted the importance of this treaty.

“When we speak about a famine, we’re thinking about food, but in this instance, we’re speaking about a famine that deals with printed materials. While many of us can easily access books by purchasing them or borrowing from libraries, this isn’t the case for everyone,” she pointed out.

To combat this issue, the Marrakesh Treaty was created specifically to allow books in accessible format to be created without infringing on copyright laws, which traditionally protect the rights of authors.

In Jamaica, the previous law would have required explicit permission from authors to convert printed books into accessible formats.

Ms. Bellamy informed that one of the critical components of the amendments made is the facilitation of cross-border exchange.

With this provision, Jamaica can now import accessible format books from other countries that are also parties to the Marrakesh Treaty, such as Canada and the United States, without any copyright infringements.

This means that the book famine can be significantly alleviated, as the wealth of accessible works available globally can now be legally accessed by Jamaicans.

“This cross-border exchange is supported by the World Intellectual Property Organizations Accessible Books Consortium, which works to facilitate the sharing of accessible works between countries,” the Executive Director noted.

Jamaica will actively collaborate with this consortium to ensure that the amendments to the Copyright Act are fully realised, allowing individuals with disabilities to access the materials they need.

The country’s legislation also extends protection to individuals with hearing disabilities.

To ensure that the legislation is fully inclusive, Jamaica went “above and beyond” to ensure that “provisions for those with hearing impairments were included”, making it one of the most comprehensive amendments to the Copyright Act to date, said Ms. Bellamy.

She further emphasised that this Treaty and the accompanying legislative changes demonstrate the Jamaican government’s commitment to fostering inclusivity, aligning with Sustainable Development Goal No. 10, which focuses on reducing inequalities.

The amendments to the Copyright Act will enable both domestic copyright exceptions and international exchanges, providing a legal framework that ensures those who need access to accessible works can obtain them safely and securely.

To manage the cross-border exchange and ensure the system’s integrity, the Copyright Act has designated specific authorised bodies, such as the Ministry of Education, the Jamaica Society for the Blind, the National Library of Jamaica and the Jamaica Council for persons with Disabilities.

This will ensure that the system is not open to misuse but remains a safe and controlled process, guaranteeing that those who need access to these works can obtain them, Ms. Bellamy said.