UNTERHALTER AJ [94] The proposed order is too wide and, in some respects, imprecise. It is too wide for four principal reasons. First, it references all works under copyright. The case that Blind SA has made out concerns literary works, and, to an extent, artistic works that may form part of a literary work. Second, it would declare that the omissions of the Copyright Act fail to measure up to what the Marrakesh Treaty requires to enable persons with visual and print disabilities to have access to published works. The Marrakesh Treaty is not the standard against which inconsistency for the purposes of section 172(1)(a) is measured. Third, the proposed order stipulates for the declaration of invalidity of the Copyright Act, without identifying the provisions of the Copyright Act that are inconsistent with the Constitution. Fourth, it fails to specify that the order applies to published works. No case was made out for infringements in respect of unpublished works. [95] As to the imprecision of the proposed order, it does not define what is meant by persons with visual and print disabilities; and it references what “access to works under copyright” means by invoking the Marrakesh Treaty. The Marrakesh Treaty is a detailed remedial regime and has much value, but access requires some definitional precision. [96] To formulate an order that is responsive to the case that Blind SA has established before us, the following elements should feature in the order. The Copyright Act is inconsistent with the Constitution in that sections 643 and 744 confer on the copyright owner the right to do or authorise the doing of reproducing, in any manner or form, and the making of an adaptation of a literary work. This right limits persons with visual and print disabilities from accessing accessible format copies of published literary works and such artistic works as may be included in these literary works. It does so by rendering such persons liable for infringement of copyright under section 23, 43 Section 6 provides a list of actions that a copyright owner is vested with the exclusive right to do or authorise in respect of literary and musical works. 44 Section 7 provides a list of actions that a copyright owner is vested with the exclusive right to do or authorise in respect of artistic works. 38