Beyond the lens to the new disability exceptions: additional needs and authorised bodies

Abstract

The changes to the Copyright and Rights in Performances (Disability) Regulations 2014 have been the most significant changes to copyright disability exceptions for twelve years. The legislative changes bring long-awaited updates to this area of copyright law, but practical encumbrances such as reporting, TPM restrictions, and cross-border exchange of files threaten to undermine the positives. This article examines the changes and their practical applications, comparing what the law allowed previously to what it now permits, and how this intersects with licensing schemes such as the CLA Licence. It looks at the responsibilities of rightsholders and of ‘authorised bodies’ who can adapt works for users with disabilities. Finally, this article will summarise current international legislative issues such as the ratification of the Marrakesh Treaty.