UNTERHALTER AJ effect copies. Much was said in argument before us on this score. However, argument is not evidence. [87] We were left at the oral hearing debating with counsel whether braille is a language and whether the transcription of a text into braille is akin to translation from one language into another. Other questions arose as to the rendering of a two dimensional work into three dimensions; how graphs, tables, histograms, and pie charts in textbooks and technical articles are rendered into accessible format copies, and whether this might require a textual description, and if so whether this amounts to an adaptation. Blind SA raised the issue as to whether a shift of format that required the written description of a photograph or a picture in a book was not an adaptation. So too, books (including e-books) may include a variety of multi-media presentations. While these may amount to artistic works within a literary work, the issue remains as to whether pictures, photographs, and other multi-media presentations can be rendered in accessible format copies by merely reproducing them. This does not seem possible. The form in which such content appears requires some translation, indeed transformation that requires interpretation and an effort to render the meaning in another accessible format. Additionally, what of the conversion of a written text into an audio format? Counsel for Blind SA and Professor Dean were, unsurprisingly, not in agreement as to whether the use of these accessible format copies amounted to reproducing the original work or adapting it. [88] These disagreements are not capable of definitive resolution on the evidence before us. But they illustrate a point of overarching significance for the use to which the regulatory power in section 13 can be put. It is common ground that the right of a copyright owner under the Copyright Act to authorise the reproduction or adaptation of a literary work should not prevent the access of literary works in accessible format copies to print and visually disabled persons. That is the constitutional infirmity that must be cured. There are many varieties of literary work, as the definition in section 1 of the Copyright Act makes plain. The layout of these works permits of numerous permutations. The graphical representations or multi-media presentations that they may 35