International Perspectives on Disability Exceptions in Copyright and the Visual Arts: Feeling Art

This book is the world’s first analysis of copyright exceptions for infringements made to facilitate access to copyright works by persons with a disability, focusing on their application to visual art. These exceptions tend to concentrate on literary works, resulting in ambiguity or even a potential lacuna in relation to artistic works. There is today a need to address these issues, because 3D printing now allows persons with a visual or cognitive disability (PVCD) to experience 3D reproductions of paintings, drawings and photographs through touch. While such sensory art promotes an equal opportunity to experience visual art, and protects the PVCD’s human rights to participate in cultural life, 3D reproductions of visual art may infringe rights protected under both copyright and moral rights. The uncertain application of existing disability exceptions to these reproductions may generate concerns about legal risk, hampering sensory art projects and reducing inclusivity and equity in cultural engagement by the PVCD.

In order to capture a holistic picture of the legal and policy landscape, this book adopts an interdisciplinary approach, with contributions from the diverse stakeholders, including the PVCD, artists, cultural institutions, publishers, and the 3D printing industry. It sketches the scene relating to sensory art projects. Experts in intellectual property, human rights, disability and art law then analyse the current legal landscape relating to disability access to works of visual art at both an international and regional level, as well as across a representative sample of national jurisdictions, and asks whether legal reform is required.

This comparative analysis of the laws aims to better inform stakeholders of the applicable legal landscape, the legal risks and opportunities associated with sensory art, and the opportunities for reform and best practice guidelines, with the overarching goal of facilitating international harmonisation of the law.