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Copyright and regulations

Copyright

The Accessible Copies on the Books for All Scotland are provided under one of two sets of terms and conditions:

It is important that you understand your legal obligations for using accessible copies from Books for All.

Copyright, Designs and Patents Act 1988

The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 came into force on 11 October 2018, amending previous Copyright legislation.

The Large Print and scanned copies of books on Books for All have generally been made under Section 31A of the Act, which allows the creation and distribution of 'accessible copies' of copyright works for the personal use of a disabled person.

You may download an accessible copy for a 'disabled person' who is a 'person who has a physical or mental impairment which prevents the person from enjoying a copyright work to substantially the same degree as a person who does not have that impairment': we refer to this as a 'print disability'. A print disability may be due to:

When you download an accessible copy you are either acting as an individual 'person acting on behalf of a disabled person' or as an 'authorised body' (e.g. a school or service).

If you are downloading an Accessible Copy to provide directly to a disabled learner, you do not need to own or have purchased an original copy of the book in paper or other format.

If you are downloading an Accessible Copy as an 'Intermediate copy' that you intend to adapt or modify in any way before giving it to the student, you must have lawful possession of an original copy of the book.

Within the books you may see references to the 'VIP' or 'Print Disability License' - these refer to the older legislation that has been replaced by the 2018 Act.

Publisher permission

We have some books on the Database that have been provided as digital files by the publisher. These books can also only be given to learners who are disabled under the same conditions as above and there is one additional requirement:

the learner must have access to a legal copy of the printed or digital book that has been purchased by the school or college.

The 'Publisher Quality' PDF files that are shared under Publisher Permission are clearly identified on the Database and within a copyright statement inside the book itself.

You can:

You cannot:

To download a book provided by a publisher, you must have legal access to a hard copy bought either for personal use or as part of a class set.

When you download a book, the database records:

If files are subsequently used out with these terms and conditions, or discovered available on the internet, legal action may be taken against you and/or your educational establishment.

Records and notification

It is good practice to keep a record of the accessible copies that you have obtained, and the learners to whom you have provided them. You can download this form for that purpose.

Books for All Recording.

Making your own Accessible Copies

Under the Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 you can make an Accessible Copy of a published work for a disabled person as defined above.

To create an Accessible Copy you must have:

lawful access to a copy of the whole or part of a work

from which to create the Accessible Copy. For example, if you want to create a Large Print copy of a book, you need to own an original.

You must not make any changes or alterations to the Accessible Copy other than are necessary to make the copy accessible for the disabled person. For example, you cannot alter the text itself.

As an Authorised Body, you may

communicate, make available, distribute or lend it on a non-profit basis] to another authorised body

for the personal use of disabled persons or to a person acting on behalf of a disabled person, or so that the authorised body can convert it into a different Accessible Format.

As an Authorised Body you must keep a record of:

You are legally required to provide records of Accessible Copies made and provided if asked by a rightsholder.

Further Information

If you are in any doubt, refer to the following: