UNTERHALTER AJ print disabilities are able to access works under copyright in the manner contemplated by the Marrakesh Treaty. [16] In the founding affidavit, Blind SA submitted that section 2 of the Copyright Act lists types of original works eligible for copyright in South Africa. These works include literary works, artistic works, cinematographic films and a range of other works under copyright. However, having listed these works, Blind SA only explains how the Copyright Act impedes access to published literary works. The founding affidavit is also confined to securing the rights of persons with print and visual disabilities. Reproductions and adaptations, and section 13 and section 19D [17] Blind SA submits that copyright owners have near exclusive control over the reproduction, publication, performance, broadcast, transmission and adaptation of works under copyright. Unless it falls within a legislated exception, or is authorised by the copyright owner, any use of such work is an infringement of copyright and gives rise to civil and, potentially, criminal sanction. Therefore, the legislative framework must provide an express exception to permit the production of accessible format copies. The alternative is that persons with visual and print disabilities must contact every copyright owner to secure authorisation to produce accessible format copies. As a result, so Blind SA submits, the Copyright Act unfairly discriminates against persons with visual and print disabilities. [18] Blind SA observes that, read together with section 39(a),23 section 1324 of the Copyright Act empowers the Minister to make regulations that contemplate further types of reproduction in respect of works under copyright. Blind SA submits that Section 39(a) states that “[t]he Minister may make regulations as to any matter required or permitted by this Act to be prescribed by regulation”. 23 In terms of section 13, “[i]n addition to reproductions permitted in terms of [the Copyright Act] reproduction of a work shall also be permitted as prescribed by regulation, but in such a manner that the reproduction is not in conflict with a normal exploitation of the work and is not unreasonably prejudicial to the legitimate interests of the owner of the copyright.” 24 12