“Blind SA v. President of the Republic of South Africa and Others”
摘要
[…] Pending the coming into force of legislation remedying the constitutional defects in the Copyright Act 98 of 1978 as identified by this Court’s judgment and order of 21 September 2022, the Copyright Act 98 of 1978 shall be deemed to include a section 19D reading as follows:
“Section 19D. An authorised entity, or any person as may be prescribed and who serves persons with disabilities may, without the authorisation of the copyright owner, make an accessible format copy for the benefit of a person with a disability, supply that accessible format copy to a person with a disability by any means, including by non-commercial lending or by digital communication by wire or wireless means, and undertake any intermediate steps to achieve these objectives, if the following conditions are met: The person wishing to undertake any activity under this subsection must have lawful access to the copyright work or a copy of that work; in converting the copyright work to an accessible format copy, the integrity of the original work must be respected, taking due consideration of the changes needed to make the work accessible in that alternative format and of the accessibility needs of the persons with a disability; and the activity under this subsection must be undertaken on a non-profit basis. A person to whom the work is communicated by wire or wireless means as a result of an activity under subsection (1) may, without the authorisation of the owner of the copyright work, reproduce the work, where that person is a person— with a disability, for their personal use; or who serves persons with disabilities, including an authorised entity, for personal use by a person with a disability. The provisions of paragraph (a) are without prejudice to any other limitations or exceptions that the person referred to in that paragraph may enjoy. A person with a disability, or someone acting on their behalf, including an authorised entity, may make an accessible format copy of a work for the personal use of the person with a disability or otherwise may assist the person with a disability to make and use accessible format copies where the person with a disability has lawful access to that work or a copy of that work. A person with a disability or a person who serves persons with disabilities, including an authorised entity, may, without the authorisation of the copyright owner export to, or import from, another country any legal copy of an accessible format copy of a work for distribution, or to make it available to persons with a disability, as long as such activity is undertaken on a non-profit basis by that person. (b) A person contemplated in paragraph (a) may not export or import an accessible format copy where such person knows, or has reason to know, that the accessible format copy will be used for purposes other than to aid persons with a disability. The exception created by this section is subject to the obligation of indicating the source and the name of the author, if it appears on the work, on any accessible format copy. For the purposes of this section 19D – ‘accessible format copy’ means a copy of a work in an alternative manner or form, which gives a person with a disability access to the work, including to permit the person to have access as feasibly and comfortably as a person without a disability; ‘authorised entity’ means— (i) an entity that is authorised or recognised by the government to provide education, instructional training, adaptive reading or information access to persons with a disability on a non-profit basis; or (ii) an entity, including a government institution or non-profit organisation that provides education, instructional training, adaptive reading or information access to persons with a disability on a non-profit basis as one of its primary activities or institutional obligations. ‘person with a disability’ means a person who has a physical, intellectual, neurological, or sensory impairment and who requires the work to be in a format that enables that person to access and use the work in the same manner as a person without a disability; and ‘commercial’ means the obtaining of economic advantage or financial gain in connection with a business or trade.” The reading-in of section 19D shall remain in effect until the remedial legislation contemplated in paragraph 2 comes into force.
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