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The disability inclusiveness of legally protected copyrighted works from musical, audio-visual and literal in accessible formats and legal protection of authorship rights.

Mugabi, Ivan. K The disability inclusiveness of legally protected copyrighted works from musical, audio-visual and literal in accessible formats and legal protection of authorship rights. Presented at: Eleventh Annual Conference on Innovation Economics, Northwestern Pritzker School of Law—Searle Centre on Law, Regulation, and Economic Growth, 21 June - 22 June 2018.

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Abstract

Copyright is one particular branch of intellectual Property (IP) rights that has recently portrayed fascinating interactions between disability inclusion and the legal protection enjoyed by authored ideas in copyrighted musical, audio-visual and literal works. Emerging discourses on accessibility of authored works to persons with disabilities tend to portray the traditional tendency of solely concentrating on persons without disabilities, as the intended end users or only beneficiaries of the ideas, the knowledge and the music conveyed in copyrighted books, albums or films of copyright authors. The expressions through which these copyrights protections have always thrived have exposed weakness in the context of aggravating the exclusions usually experienced by persons with physical disabilities. It must be born in mind that copyright derives its legal history from protecting the means through which the author has chosen to express their original ideas. In these context concepts of copyrights, authorship and the consequential aspects of the intended audience of authors, seem justified by the merits of protecting the authors’ moral rights and economic interests of other entities and involved stakeholders. However, the growing urge for supporting a social model for underpinning disability rights accounts for emerging view that the nature private rights conferred through copyright protection and oriented to the majority. Hence, an outward looking approach of social models present external surroundings from copyrighted works as playing a key role in promoting the disabling environments by overlooking ways extending those copyrighted ideas to the minorities with differently abled physical abilities. As a result, laws on copyright protections in musical, audio-visual and literal works must be relaxed to give room for translating and transferring of knowledge in formats that not built discriminatively. Hence enabling persons with disabilities to rightfully benefit and inclusively access the knowledge, awareness and enjoyment that the majority had maintained for years. In The popularity of the above argument might partly explains the role of the Marrakesh Treaty, that obliges states to enact copyright legislations protecting the commercialisation of copyrightable works, leave room for translating authored and copyrighted musical, literal, audio-visual, broadcasted works in formats that are accessible to persons with disabilities. In the above context, this paper shall present copyrights as an example of IP rights that is bound to encounter more counter reactions in relation to policies and advocates for disability accessibility. In the same accord the meaning of the stand-alone nature of the Marrakesh Treaty is explained this paper. In this paper shall finalise by highlighting the possibility of new opportunities in relation to future computer software programmes for converting copyrighted works.

Item Type: Conference or Workshop Item (Paper)
Status: Unpublished
Schools: Law
Subjects: K Law > K Law (General)
K Law > KZ Law of Nations
M Music and Books on Music > M Music
Last Modified: 17 May 2018 16:37
URI: http://orca-mwe.cf.ac.uk/id/eprint/108926

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