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May I make copies of my lectures for students with perceptual disabilities?

Yes, if you follow the guidelines set out in the Copyright Act. (s. 32)

A perceptual disability is a disability that prevents or inhibits a person from reading or hearing a literary, musical, dramatic or artistic work in its original format, and includes such a disability resulting from

(a) severe or total impairment of sight or hearing or the inability to focus or move one's eyes,

(b) the inability to hold or manipulate a book, or

(c) an impairment relating to comprehension;

32. (1) It is not an infringement of copyright for a person, at the request of a person with a perceptual disability, or for a non-profit organization acting for his or her benefit, to

(a) make a copy or sound recording of a literary, musical, artistic or dramatic work, other than a cinematographic work, in a format specially designed for persons with a perceptual disability;

(b) translate, adapt or reproduce in sign language a literary or dramatic work, other than a cinematographic work, in a format specially designed for persons with a perceptual disability; or

(c) perform in public a literary or dramatic work, other than a cinematographic work, in sign language, either live or in a format specially designed for persons with a perceptual disability.

(2) Subsection (1) does not authorize the making of a large print book.

(3) Subsection (1) does not apply where the work or sound recording is commercially available in a format specially designed to meet the needs of any person referred to in that subsection, within the meaning of paragraph (a) of the definition "commercially available".

Notes:

A "severe" impairment is one that interferes with the student's ability to apprehend the presented material.

"Specially designed" means designed with the particular needs of the student considered.

The injunction concerning "large print" books does not apply to copies of lectures.

This provision of the Act is designed to meet the needs of individual students. It does not allow general classroom distribution.

Instructions to Photocopy Services

Add at the end, after the section on "Paper Copies Made for Placing on Reserves"

Paper Copies Made for Persons with Perceptual Disabilities1.

It is not an infringement of copyright for a person, at the request of a person with a perceptual disability, or for a non-profit organization acting for his or her benefit, to make a copy or sound recording of a literary, musical, artistic or dramatic work, other than a cinematographic work, in a format specially designed for persons with a perceptual disability;

This permission does not extend to making a large-print edition of a published book.

A "severe" impairment is one that interferes with the student's ability to apprehend the presented material.

This provision of the Act is designed to meet the needs of individual students. It does not allow general classroom distribution.

 

1 A perceptual disability is a disability that prevents or inhibits a person from reading or hearing a literary, musical, dramatic or artistic work in its original format, and includes such a disability resulting from

 

(a) severe or total impairment of sight or hearing or the inability to focus or move one's eyes,

(b) the inability to hold or manipulate a book, or

(c) an impairment relating to comprehension;

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