UNTERHALTER AJ
copies of books in the university library were often not available because authorisation
from copyright owners could not be obtained.
He describes the book famine
experienced by persons with visual and print disabilities. Even where books are
available in a format somewhat accessible to these persons, one such format may not be
converted into another that is best suited to the user, without authorisation. This is of
particular concern in respect of technical books. Mr Low also references the importance
of an American non-profit library service, Bookshare, that has a local library, but
cross-border distribution requires permission from copyright owners.
[54]
To like effect, Mr Gama, a teacher at a school for the deaf and the blind, describes
how many special schools across the country struggle to obtain sufficient textbooks in
accessible format copies. Apart from textbooks, there are often few books available to
many learners who are blind. This clearly disadvantages these learners and impairs
their dignity. After learners leave school, their position is often worse still, lacking the
assistance their schools were able to offer.
[55]
Finally, Justice Yacoob, a retired judge of this Court, blind since infancy,
describes the plight of poor people with a visual disability who cannot afford to buy
books. He says this:
“My own experience tells me that it is impossible to express in words how urgent this
is. The best I can do is say that every day that the present Copyright Act prevails in the
form in which it is, literally thousands of blind and visually impaired people are
deprived of reading material, and the prejudice to them is in fact irreparable,
incalculable, and very difficult to put into words. I would suggest that even without it
being put into words, the prejudice is obvious.”
[56]
Blind SA goes on to explain that the limitation of rights that the Copyright Act
brings about cannot be justified in terms of section 36 of the Constitution. The deponent
then sets out the relief that is sought. First, Blind SA contends that we should declare
the Copyright Act inconsistent with the Constitution to the extent that: (a) it limits
and/or prevents persons with visual and print disabilities accessing works under
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