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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:

Copyright and Rights in Performances (Disability) Regulations 2014

The Copyright and Rights in Performances (Disability) Regulations 2014 came into force on 1 June 2014, effectively replacing the Copyright, Designs and Patents Act 1988 and the Copyright (Visually Impaired Persons) Act 2002.

Refer to the Regulations and to the website of the Intellectual Property Office (IPO) and to Exceptions to copyright: Accessible formats for disabled people for more information and if you are in any doubt regarding the legal use of the Accessible Copies on the Database.

The 2014 Act allows the creation and distribution of Accessible Copies of works "for the personal use of disabled persons". The accessible copies can only be used by learners who are disabled and where the "person’s disability prevents the person from enjoying the work to the same degree as a person who does not have that disability": this is described as a "print disability".

Making and sharing accessible copies under this legislation is not permitted "if the same kind of accessible copies of the work are commercially available on reasonable terms by or with the authority of the copyright owner". So for example if there is an eBook or Kindle version of a book commercially available that is accessible to the learner, you must buy that rather than downloading an accessible copy from the Database.

Under this legislation 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.

The Large Print and scanned copies of books on the Database are generally distributed under this legislation. 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books you may see references to the 'VIP' or 'Print Disability License' - these refer to the older legislation that has been replaced by the 2014 Act.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.

Who can use the books?

The accessible copies on the Database can be used by pupils with disabilities who have difficulty reading, accessing or enjoying the published paper books because they:

The learner does not need to have a formal 'diagnosis' of dyslexia or other learning difficulty.

Note that these accessible copies can only be given to pupils with a disability: pupils who have literacy difficulties for other reasons, (e.g. because they have English as a Second Language or have low literacy levels) cannot use the books.

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 outwith these terms and conditions, or discovered available on the internet, legal action may be taken against you and/or your educational establishment.

Making your own Accessible Copies

Under the Copyright and Rights in Performances (Disability) Regulations 2014 you can make an Accessible Copy that "enables the fuller enjoyment of the work by disabled persons" for your own personal use, or for an individual disabled person.

If you are or are working in a school or service, you may also create Accessible Copies as an "Authorised Body" which is defined as:

  • an educational establishment, or
  • a body that is not conducted for profit.

To create an Accessible Copy you must have

lawful possession or lawful use of 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 cannot make an Accessible Copy where

the same kind of accessible copies of the work are commercially available on reasonable terms by or with the authority of the copyright owner.
For example, if there is a Kindle or eBook version of a book at a reasonable price, you should not create another one.

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.

The Accessible Copy must include a statement that is it made under the Copyright and Rights in Performances (Disability) Regulations 2014, for example:

This copy is made under the terms of the Copyright and Rights in Performances (Disability) Regulations 2014 to be used only by a print-disabled person. Except as permitted by law, it may not be further copied, nor may it be supplied to any other person, without permission.

You also need to include the name of the author, publisher and ISBN as it appears on the original from which you made the accessible copy.

You may charge for making the Accessible Copy and "the sum charged must not exceed the cost of making and supplying the copy ", i.e. you cannot make a profit.

As an Authorised Body, you may

supply it to another authorised body which is entitled to make accessible copies of the work,
for example so that it can be converted into a different Accessible Format. This is referred to as an "Intermediate Copy".

As an Authorised Body you must keep a record of: all Accessible Copies you make; the persons to which you provide copies; and any Intermediate Copies provided to other Authorised Bodies. You may be asked by the copyright owners of the copies you make to give records of Accessible or Intermediate Copies made and provided.

As an Authorised Body, you must also notify the copyright holder or any body that represents the copyright holder that you have created an Accessible or an Intermediate Copy.

If you are in any doubt, refer to the Regulations and to the website of the Intellectual Property Office (IPO) and to Exceptions to copyright: Accessible formats for disabled people.

The Office for Disability Issues has helpful Guidance on Accessible Communication Formats.