UNTERHALTER AJ copyright that persons without such disabilities are able to access; and/or (b) it does not include provisions designed to ensure that persons with visual and print disabilities are able to access works under copyright in the manner contemplated by the Marrakesh Treaty. Second, suspending the operation of the declaration of unconstitutionality for a period of 12 months. Third, to order “a reading-in remedy” that would deem the proposed section 19D, formulated in clause 20 of the CAB, presently before Parliament, to form part of the Copyright Act. That deeming would hold good for the 12-month period afforded to Parliament to remedy the constitutional defect, failing which, the incorporated section 19D would continue to apply. That relief was amended somewhat by the High Court, as I have indicated. [57] Blind SA justifies this relief on the basis that those whose rights are infringed by the Copyright Act require an immediate remedy. They should not be required to wait for Parliament to pass into law the remedial provisions that would cure the constitutional inconsistency of the Copyright Act identified by Blind SA. Nor should that remedial intervention have to await the broader reformation of the Copyright Act, so long delayed in Parliament. Rather, the proposed reading-in of section 19D would serve the remedial purpose of giving immediate relief to persons with visual and print disabilities. Blind SA observes that section 19D was not identified by the President, when he referred the CAB back to Parliament, as giving rise to constitutional concerns. This remedial regime would then permit Parliament to do its work to pass into law the CAB, and provide the basis for South Africa’s accession to the Marrakesh Treaty, but with immediate relief to those with visual and print disabilities. [58] Having considered the submissions and the relief sought from this Court, the following issues require consideration: (a) What case was pleaded by Blind SA? (b) Is the reproduction of a literary work sufficient to convert the work into an accessible format copy for the use of persons with print or visual disabilities, or is an adaptation of the work also required? 24

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