UNTERHALTER AJ [37] Professor Dean further submits that an exception that permitted the reproduction of copyrighted works would be sufficient to enable the conversion of works into accessible use format because the definition of “reproduction”28 is broad enough to incorporate the making of any derivative version where the reproducer does not add any contribution of their own, or change the ideological content of the work. Professor Dean says conversion to an accessible use format – for example, braille entails the reproduction of an existing work into a different format. There is no change to the content of the original work during this process and it is, in essence, a mechanical process which seeks to present the exact original work in a new form. [38] By contrast, “adaptation” requires the person making the adaption to embroider on, or transform, the original work by making a contribution to the content of the work. It results in a version which is a new work, that enjoys its own copyright protection. Professor Dean provides a translation as an example, and says, in giving expression to a work in a different language and syntax, but retaining the essence of its ideological content, the translator changes or converts the work and creates a unique new work. The translation is an adaption, not a reproduction. [39] Professor Dean concludes that format shifting only entails reproduction and thus does not require a broader exception than that permitted by section 13. He submits further that Article 4(1)(a) of the Marrakesh Treaty expressly requires state parties to provide for an exception to the right of reproduction, but is silent on the right of adaptation. This, Professor Dean submits, is confirmation that reproduction (and not adaptation) is regarded as the relevant activity. 28 Section 1(1) of the Copyright Act states that— “reproduction, in relation to— (a) (b) (c) a literary or musical work or a broadcast, includes a reproduction in the form of a record or a cinematograph film; an artistic work, includes a version produced by converting the work into a three-dimensional form or, if it is in three dimensions, by converting it into a two-dimensional form; any work, includes a reproduction made from a reproduction of that work.” 18