Visually impaired persons

Anyone with a visual impairment or print disability recognised under Section 31F (9) of the Copyright, Designs and Patents Act 1988 may make or receive accessible copies of the whole or part of a copyright work.

The Act defines a visually impaired person as someone:

• who is blind or partially sighted or
• whose vision cannot be improved by corrective lenses to an acceptable level for reading or
• who cannot hold or manipulate a book because of a physical disability, or who cannot focus or move the eyes for reading

Dyslexia, although recognised as a disability in the Disability Discrimination Act 1995, was not recognised under the definition in the Copyright (Visually Impaired Persons) Act 2002 as a visual impairment. However, changes to copyright law following the implementation of the Marrakesh Treaty now make it possible to make accessible copies without permission for visually impaired and print-disabled people, including those with dyslexia under exceptions to copyright. 

Copies which have been modified in some way to enable a visually impaired person to benefit from the material are called accessible copies. These may be made by the disabled person or by an authorised body or person acting on their behalf.

Changes may be made to enable the visually impaired person to access the material, such as enlargement, reduction, colour or text size alterations, conversion to audio or digital formats, etc. Navigational aids may also be included. Only those changes which are necessary to make the material accessible are authorised.

The following conditions apply:

• the visually impaired person must own or be in lawful possession of the original copyright work. Material which has been borrowed from the Library is considered lawful possession.
• accessible copies are for personal use by the visually impaired person only, and may not be passed on to another, except to another visually impaired person.
• accessible copies must acknowledge the author, title and publisher of the work.
• copies must bear a statement indicating whether the accessible copy has been made under either statutory exceptions to the law or under the terms of the CLA Licence and that further copying or distribution is prohibited. See the statements in the next two sections.

Visually impaired persons may make, or have made for them, copies of part or the whole of a literary or artistic work in any format required to make the material accessible: e.g. Moon or Braille, digital or audio format, large print. Copies may include navigational aids if required.

Copies must be for the purposes of private study or research and the following conditions also apply:

• a suitable accessible format should not already be available commercially
• copies may not be sold or transferred to another user (except another visually impaired person who has lawful access to the original work or lawfully made copy)
• copies made under statutory exceptions in the law are for personal use only and may not be used by multiple visually impaired persons within an institution
• copies may not be placed on a network
• databases and performances of musical works may not be copied under these provisions
• copies must be labelled with the statement for copies made under statutory exceptions.

Statement for accessible copies made under statutory exceptions

"This copy has been made from an original copyright work under Section 31A of the Copyright. Designs and Patents Act 1988, and may not be copied further, sold, transferred or otherwise distributed except as permitted by law or with permission from the copyright owner."

Visually impaired and print-disabled staff and students may make, or have made for them, copies of the whole or part of a literary or artistic work covered by the CLA Higher Education Licence in any format required to make the material accessible.  If a work is not covered by the CLA Higher Education Licence, it may be possible to copy it for personal use under the statutory exceptions to the law.

The following conditions apply:

• the University must own the original work.
• a suitable accessible format must not be commercially available.
• accessible copies may be placed on a network or on CD-Rom for use by visually impaired persons.
• the number of accessible copies made must not exceed the number of visually impaired persons.
• databases and performances of musical works may not be copied under the CLA Licence.
• copies must also carry the statement for copying under the CLA Licence for Visually Impaired Persons.

Statement for accessible copies made under the CLA Licence for Visually Impaired Persons

"This copy has been made from an original copyright work under the terms of the CLA Licence for Visually Impaired Persons, and may not be copied further, sold, distributed or otherwise transferred except as permitted by law or with permission from the copyright owner."

Find out more about about Library support for students with disabilities here.  

Visit Student Wellbeing for information about some of the wider support available for disabled students at Brunel. 

Other useful links include:

• Assistive Technology Centre
• Copyright (Visually Impaired Persons) Act 2002
• Copyright Licensing Agency website
• Royal National Institute for the Blind website
• Disability and Dyslexia Service
• West London Assessment Centre (WLAC)