Print disabled persons. 9.1 The provisions of this clause shall only apply where an Authorised Person is a Print Disabled Person in accordance with clause 9.3. 9.2 Notwithstanding the provisions of clause 4.2 the Licensee, and as appropriate Authorised Persons, may make and supply a copy of part or the whole of any work within Licensed Material in an alternative manner or form that gives a Print Disabled Person access to the work including allowing for the Print Disabled Person to have access as feasibly and comfortably as a person without a visual impairment or any of the disabilities referred to in clause 9.3 (an 9.2.1 the Licensee must have lawful possession of an original copy of any work from which it makes an Accessible Format Copy; 9.2.2 the Licensee may only make an Accessible Format Copy of a work if the same kind of Accessible Format Copies are not commercially available on reasonable terms by or with the authority of the copyright owner; 9.2.3 each Accessible Format Copy that exceeds the limits set out in clause 4.2 shall contain: i) a statement that it is a copy of the original work made under a CLA Licence for the personal use of a Print Disabled Person and that it may not be further copied (including any electronic copying or transmission) or dealt with without permission or save as may be permitted by law; and ii) the title, as well as the name of the author and publisher, of the original work and the published edition from which it is copied. 9.2.4 the Licensee may only charge for the supply of an Accessible Format Copy an amount which does not exceed the cost of making and supplying it; 9.2.5 that the Accessible Format Copy is only for the personal use of a Print Disabled Person (or a person acting on behalf of a Print Disabled Person) who is an Authorised Person; and
Appears in 3 contracts
Samples: Copyright Licensing Agreement, Licence Plus Agreement, Licence Plus Agreement
Print disabled persons. 9.1 8.1 The provisions of this clause shall only apply where an Authorised Person is a Print Disabled Person in accordance with clause 9.38.3.
9.2 8.2 Notwithstanding the provisions of clause 4.2 3.4 the Licensee, and as appropriate appropriate, Authorised Persons, Persons may make and supply a copy of part or the whole of any work within Licensed Material in an alternative manner or form that gives a Print Disabled Person access to the work including allowing for the Print Disabled Person to have access as feasibly and comfortably as a person without a visual impairment or any of the disabilities referred to in clause 9.3 (anor
9.2.1 8.2.1 the Licensee must have lawful possession of an original copy of any work from which it makes an Accessible Format Copy;
9.2.2 the Licensee may only make an Accessible Format Copy of a work if the same kind of Accessible Format Copies are not commercially available on reasonable terms by or with the authority of the copyright owner;
9.2.3 8.2.2 each Accessible Format Copy that exceeds the limits set out in clause 4.2 3.4 shall contain:
: (i) a statement that it is a copy of the original work made under a CLA Licence for the personal use of a Print Disabled Person and that it may not be further copied (including any electronic copying or transmission) or dealt with without permission or save as may be permitted by law; and
and (ii) the title, as well as the name of the author and publisher, of the original work and the published edition from which it is copied.;
9.2.4 8.2.3 the Licensee may only charge for the supply of an Accessible Format Copy an amount which does not exceed the cost of making and supplying it;
9.2.5 8.2.4 that the Accessible Format Copy is only for the personal use of a Print Disabled Person (or a person acting on behalf of a Print Disabled Person) who is an Authorised Person; and
8.2.5 Accessible Format Copies may only be distributed in the United Kingdom except that Accessible Copies of works published within the United Kingdom may be distributed in any member state of the European Union and any other country that is a party to the Marrakesh Treaty 2013.
8.3 An Authorised Person is to be regarded as a “Print Disabled Person” for the purposes of this clause if he or she is a person who:
8.3.1 is blind;
8.3.2 has a visual impairment which cannot be improved so as to give that person visual function substantially equivalent to that of a person who has no such impairment;
8.3.3 has a perceptual or reading disability, including dyslexia, and is, as a result, unable to read printed works to substantially the same degree as a person without an impairment or disability;
8.3.4 is otherwise unable, due to physical disability, to hold or manipulate a book or to focus or move their eyes to the extent that would be normally acceptable for reading; or
8.3.5 would otherwise be regarded as having a disability in accordance with s.6 of the Equality Act 2010.
8.4 This clause is without prejudice to and does not purport to prevent or restrict the doing of any act which by virtue of and in accordance with the Copyright, Designs and Patents Act 1988 (“the Act”) would not infringe copyright including where the Licensee is an authorised body under the Act, i.e. is an educational establishment or a body that is not conducted for profit, which may make, communicate, make available or lend accessible copies (and make intermediate copies in order to do so) subject to and in accordance with the relevant terms of the Act.
Appears in 3 contracts
Samples: Higher Education Licence, Higher Education Licence, Higher Education Licence
Print disabled persons. 9.1 The provisions of this clause shall only apply where an Authorised Person is a Print Disabled Person in accordance with clause 9.3.
9.2 Notwithstanding the provisions of clause 4.2 the Licensee, and as appropriate Authorised Persons, may make and supply a copy of part or the whole of any work within Licensed Material in an alternative manner or form that gives a Print Disabled Person access to the work including allowing for the Print Disabled Person to have access as feasibly and comfortably as a person without a visual impairment or any of the disabilities referred to in clause 9.3 (anor
9.2.1 the Licensee must have lawful possession of access to an original copy of any work from which it makes an Accessible Format Copy;
9.2.2 the Licensee may only make an Accessible Format Copy of a work if the same kind of Accessible Format Copies are not commercially available on reasonable terms by or with the authority of the copyright owner;
9.2.3 each Accessible Format Copy that exceeds the limits set out in clause 4.2 shall contain:
i) a statement that it is a copy of the original work made under a CLA Licence for the personal use of a Print Disabled Person and that it may not be further copied (including any electronic copying or transmission) or dealt with without permission or save as may be permitted by law; and
ii) the title, as well as the name of the author and publisher, of the original work and the published edition from which it is copied.
9.2.4 9.2.3 the Licensee may only charge for the supply of an Accessible Format Copy an amount which does not exceed the cost of making and supplying it;
9.2.5 9.2.4 that the Accessible Format Copy is only for the personal use of a Print Disabled Person (or a person acting on behalf of a Print Disabled Person) who is an Authorised Person; and
9.2.5 Accessible Format Copies may only be distributed in the United Kingdom except that Accessible Copies of works published within the United Kingdom may be distributed in any member state of the European Union and any other country that is a party to the Marrakesh Treaty 2013.
9.3 An Authorised Person is to be regarded as a “Print Disabled Person” for the purposes of this clause if he or she is a person who:
9.3.1 is blind;
9.3.2 has a visual impairment which cannot be improved so as to give that person visual function substantially equivalent to that of a person who has no such impairment;
9.3.3 has a perceptual or reading disability, including dyslexia, and is, as a result, unable to read printed works to substantially the same degree as a person without an impairment or disability;
9.3.4 is otherwise unable, due to physical disability, to hold or manipulate a book or to focus or move their eyes to the extent that would be normally acceptable for reading; or
9.3.5 would otherwise be regarded as having a disability in accordance with s.6 of the Equality Act 2010.
9.4 This clause is without prejudice to and does not purport to prevent or restrict the doing of any act which by virtue of and in accordance with the Copyright, Designs and Patents Act 1988 (“the Act”) would not infringe copyright including where the Licensee is an authorised body under the Act, i.e. is an educational establishment or a body that is not conducted for profit, which may make, communicate, make available or lend accessible copies (and make intermediate copies in order to do so) subject to and in accordance with the relevant terms of the Act.
Appears in 1 contract
Samples: Licence Plus Agreement
Print disabled persons. 9.1 8.1 The provisions of this clause shall only apply where an Authorised Person is a Print Disabled Person in accordance with clause 9.38.3.
9.2 8.2 Notwithstanding the provisions of clause 4.2 3.4 the Licensee, and as appropriate appropriate, Authorised Persons, Persons may make and supply a copy of part or the whole of any work within Licensed Material in an alternative manner or form that gives a Print Disabled Person access to the work including allowing for the Print Disabled Person to have access as feasibly and comfortably as a person without a visual impairment or any of the disabilities referred to in clause 9.3 (anor
9.2.1 8.2.1 the Licensee must have lawful possession of an original copy of any work from which it makes an Accessible Format Copy;
9.2.2 the Licensee may only make an Accessible Format Copy of a work if the same kind of Accessible Format Copies are not commercially available on reasonable terms by or with the authority of the copyright owner;
9.2.3 8.2.2 each Accessible Format Copy that exceeds the limits set out in clause 4.2 3.4 shall contain:
i) a statement that it is a copy of the original work made under a CLA Licence for the personal use of a Print Disabled Person and that it may not be further copied (including any electronic copying or transmission) or dealt with without permission or save as may be permitted by law; and
ii) the title, as well as the name of the author and publisher, of the original work and the published edition from which it is copied.;
9.2.4 8.2.3 the Licensee may only charge for the supply of an Accessible Format Copy an amount which does not exceed the cost of making and supplying it;
9.2.5 8.2.4 that the Accessible Format Copy is only for the personal use of a Print Disabled Person (or a person acting on behalf of a Print Disabled Person) who is an Authorised Person; and
8.2.5 Accessible Format Copies may only be distributed in the United Kingdom except that Accessible Copies of works published within the United Kingdom may be distributed in any member state of the European Union and any other country that is a party to the Marrakesh Treaty 2013.
8.3 An Authorised Person is to be regarded as a “Print Disabled Person” for the purposes of this clause if he or she is a person who:
8.3.1 is blind;
8.3.2 has a visual impairment which cannot be improved so as to give that person visual function substantially equivalent to that of a person who has no such impairment;
8.3.3 has a perceptual or reading disability, including dyslexia, and is, as a result, unable to read printed works to substantially the same degree as a person without an impairment or disability;
8.3.4 is otherwise unable, due to physical disability, to hold or manipulate a book or to focus or move their eyes to the extent that would be normally acceptable for reading; or
8.3.5 would otherwise be regarded as having a disability in accordance with s.6 of the Equality Act 2010.
8.4 This clause is without prejudice to and does not purport to prevent or restrict the doing of any act which by virtue of and in accordance with the Copyright, Designs and Patents Act 1988 (“the Act”) would not infringe copyright including where the Licensee is an authorised body under the Act, i.e. is an educational establishment or a body that is not conducted for profit, which may make, communicate, make available or lend accessible copies (and make intermediate copies in order to do so) subject to and in accordance with the relevant terms of the Act.
Appears in 1 contract
Samples: Independent Higher Education Licence
Print disabled persons. 9.1 The provisions of this clause shall only apply where an Authorised Person is a Print Disabled Person in accordance with clause 9.3.
9.2 Notwithstanding the provisions of clause 4.2 the Licensee, and as appropriate Authorised Persons, may make and supply a copy of part or the whole of any work within Licensed Material in an alternative manner or form that gives a Print Disabled Person access to the work including allowing for the Print Disabled Person to have access as feasibly and comfortably as a person without a visual impairment or any of the disabilities referred to in clause 9.3 (an
9.2.1 the Licensee must have lawful possession of access to an original copy of any work from which it makes an Accessible Format Copy;
9.2.2 the Licensee may only make an Accessible Format Copy of a work if the same kind of Accessible Format Copies are not commercially available on reasonable terms by or with the authority of the copyright owner;
9.2.3 each Accessible Format Copy that exceeds the limits set out in clause 4.2 shall contain:
i) a statement that it is a copy of the original work made under a CLA Licence for the personal use of a Print Disabled Person and that it may not be further copied (including any electronic copying or transmission) or dealt with without permission or save as may be permitted by law; and
ii) the title, as well as the name of the author and publisher, of the original work and the published edition from which it is copied.
9.2.4 9.2.3 the Licensee may only charge for the supply of an Accessible Format Copy an amount which does not exceed the cost of making and supplying it;
9.2.5 9.2.4 that the Accessible Format Copy is only for the personal use of a Print Disabled Person (or a person acting on behalf of a Print Disabled Person) who is an Authorised Person; and
9.2.5 Accessible Format Copies may only be distributed in the United Kingdom except that Accessible Copies of works published within the United Kingdom may be distributed elsewhere in the European Union and a third country that is a party to the Marrakesh Treaty 2013.
9.3 An Authorised Person is to be regarded as a “Print Disabled Person” for the purposes of this clause if he or she is a person who:
9.3.1 is blind;
9.3.2 has a visual impairment which cannot be improved so as to give that person visual function substantially equivalent to that of a person who has no such impairment;
9.3.3 has a perceptual or reading disability, including dyslexia, and is, as a result, unable to read printed works to substantially the same degree as a person without an impairment or disability;
9.3.4 is otherwise unable, due to physical disability, to hold or manipulate a book or to focus or move their eyes to the extent that would be normally acceptable for reading; or
9.3.5 would otherwise be regarded as having a disability in accordance with s.6 of the Equality Act 2010.
9.4 This clause is without prejudice to and does not purport to prevent or restrict the doing of any act which by virtue of and in accordance with the Copyright, Designs and Patents Act 1988 (“the Act”)would not infringe copyright including where the Licensee is an authorised body under the Act, i.e. is an educational establishment or a body that is not conducted for profit, which may make, communicate, make available or lend accessible copies (and make intermediate copies in order to do so) subject to and in accordance with the relevant terms of the Act.
Appears in 1 contract
Samples: Licence Plus Agreement
Print disabled persons. 9.1 The provisions of this clause shall only apply where an Authorised Person is a Print Disabled Person in accordance with clause 9.3.
9.2 Notwithstanding the provisions of clause 4.2 the Licensee, and as appropriate Authorised Persons, may make and supply a copy of part or the whole of any work within Licensed Material in an alternative manner or form that gives a Print Disabled Person access to the work including allowing for the Print Disabled Person to have access as feasibly and comfortably as a person without a visual impairment or any of the disabilities referred to in clause 9.3 (an9.3
9.2.1 the Licensee must have lawful possession of access to an original copy of any work from which it makes an Accessible Format Copy;
9.2.2 the Licensee may only make an Accessible Format Copy of a work if the same kind of Accessible Format Copies are not commercially available on reasonable terms by or with the authority of the copyright owner;
9.2.3 each Accessible Format Copy that exceeds the limits set out in clause 4.2 shall contain:
i) a statement that it is a copy of the original work made under a CLA Licence for the personal use of a Print Disabled Person and that it may not be further copied (including any electronic copying or transmission) or dealt with without permission or save as may be permitted by law; and
ii) the title, as well as the name of the author and publisher, of the original work and the published edition from which it is copied.
9.2.4 9.2.3 the Licensee may only charge for the supply of an Accessible Format Copy an amount which does not exceed the cost of making and supplying it;
9.2.5 9.2.4 that the Accessible Format Copy is only for the personal use of a Print Disabled Person (or a person acting on behalf of a Print Disabled Person) who is an Authorised Person; and
9.2.5 Accessible Format Copies may only be distributed in the United Kingdom except that Accessible Copies of works published within the United Kingdom may be distributed elsewhere in the European Union and a third country that is a party to the Marrakesh Treaty 2013.
9.3 An Authorised Person is to be regarded as a “Print Disabled Person” for the purposes of this clause if he or she is a person who:
9.3.1 is blind;
9.3.2 has a visual impairment which cannot be improved so as to give that person visual function substantially equivalent to that of a person who has no such impairment;
9.3.3 has a perceptual or reading disability, including dyslexia, and is, as a result, unable to read printed works to substantially the same degree as a person without an impairment or disability;
9.3.4 is otherwise unable, due to physical disability, to hold or manipulate a book or to focus or move their eyes to the extent that would be normally acceptable for reading; or
9.3.5 would otherwise be regarded as having a disability in accordance with s.6 of the Equality Act 2010.
9.4 This clause is without prejudice to and does not purport to prevent or restrict the doing of any act which by virtue of and in accordance with the Copyright, Designs and Patents Act 1988 (“the Act”)would not infringe copyright including where the Licensee is an authorised body under the Act, i.e. is an educational establishment or a body that is not conducted for profit, which may make, communicate, make available or lend accessible copies (and make intermediate copies in order to do so) subject to and in accordance with the relevant terms of the Act..
Appears in 1 contract
Samples: Licence Plus Agreement
Print disabled persons. 9.1 The provisions of this clause shall only apply where an Authorised Person is a Print Disabled Person in accordance with clause 9.3.
9.2 Notwithstanding the provisions of clause 4.2 the Licensee, and as appropriate Authorised Persons, may make and supply a copy of part or the whole of any work within Licensed Material in an alternative manner or form that gives a Print Disabled Person access to the work including allowing for the Print Disabled Person to have access as feasibly and comfortably as a person without a visual impairment or any of the disabilities referred to in clause 9.3 (an9.3
9.2.1 the Licensee must have lawful possession of access to an original copy of any work from which it makes an Accessible Format Copy;
9.2.2 the Licensee may only make an Accessible Format Copy of a work if the same kind of Accessible Format Copies are not commercially available on reasonable terms by or with the authority of the copyright owner;
9.2.3 each Accessible Format Copy that exceeds the limits set out in clause 4.2 shall contain:
i) a statement that it is a copy of the original work made under a CLA Licence for the personal use of a Print Disabled Person and that it may not be further copied (including any electronic copying or transmission) or dealt with without permission or save as may be permitted by law; and
ii) the title, as well as the name of the author and publisher, of the original work and the published edition from which it is copied.
9.2.4 9.2.3 the Licensee may only charge for the supply of an Accessible Format Copy an amount which does not exceed the cost of making and supplying it;
9.2.5 9.2.4 that the Accessible Format Copy is only for the personal use of a Print Disabled Person (or a person acting on behalf of a Print Disabled Person) who is an Authorised Person; and
9.2.5 Accessible Format Copies may only be distributed in the United Kingdom except that Accessible Copies of works published within the United Kingdom may be distributed elsewhere in the European Union and a third country that is a party to the Marrakesh Treaty 2013.
9.3 An Authorised Person is to be regarded as a “Print Disabled Person” for the purposes of this clause if he or she is a person who:
9.3.1 is blind;
9.3.2 has a visual impairment which cannot be improved so as to give that person visual function substantially equivalent to that of a person who has no such impairment;
9.3.3 has a perceptual or reading disability, including dyslexia, and is, as a result, unable to read printed works to substantially the same degree as a person without an impairment or disability;
9.3.4 is otherwise unable, due to physical disability, to hold or manipulate a book or to focus or move their eyes to the extent that would be normally acceptable for reading; or
9.3.5 would otherwise be regarded as having a disability in accordance with s.6 of the Equality Act 2010.
9.4 This clause is without prejudice to and does not purport to prevent or restrict the doing of any act which by virtue of and in accordance with the Copyright, Designs and Patents Act 1988 (“the Act”)would not infringe copyright including where the Licensee is an authorised body under the Act, i.e. is an educational establishment or a body that is not conducted for profit, which may make, communicate, make available or lend accessible copies (and make intermediate copies in order to do so) subject to and in accordance with the relevant terms of the Act.
Appears in 1 contract
Samples: Licence Agreement
Print disabled persons. 9.1 8.1 The provisions of this clause shall only apply where an Authorised Person is a Print Disabled Person in accordance with clause 9.38.3.
9.2 8.2 Notwithstanding the provisions of clause 4.2 3.4 the Licensee, and as appropriate appropriate, Authorised Persons, Persons may make and supply a copy of part or the whole of any work within Licensed Material in an alternative manner or form that gives a Print Disabled Person access to the work including allowing for the Print Disabled Person to have access as feasibly and comfortably as a person without a visual impairment or any of the disabilities referred to in clause 9.3 8.3 (anan “Accessible Format Copy”) but must respect the integrity of the work and not include any changes to the work which are not necessary in order to make an Accessible Format Copy for the exclusive use of the Print Disabled Person for whom it is intended on, and subject to, the following conditions:
9.2.1 8.2.1 the Licensee must have lawful possession of an original copy of any work from which it makes an Accessible Format Copy;
9.2.2 the Licensee may only make an Accessible Format Copy of a work if the same kind of Accessible Format Copies are not commercially available on reasonable terms by or with the authority of the copyright owner;
9.2.3 8.2.2 each Accessible Format Copy that exceeds the limits set out in clause 4.2 3.4 shall contain:
i) a statement that it is a copy of the original work made under a CLA Licence for the personal use of a Print Disabled Person and that it may not be further copied (including any electronic copying or transmission) or dealt with without permission or save as may be permitted by law; and
ii) the title, as well as the name of the author and publisher, of the original work and the published edition from which it is copied.;
9.2.4 8.2.3 the Licensee may only charge for the supply of an Accessible Format Copy an amount which does not exceed the cost of making and supplying it;
9.2.5 8.2.4 that the Accessible Format Copy is only for the personal use of a Print Disabled Person (or a person acting on behalf of a Print Disabled Person) who is an Authorised Person; and
8.2.5 Accessible Format Copies may only be distributed in the United Kingdom except that Accessible Copies of works published within the United Kingdom may be distributed elsewhere in the European Union and a third country that is a party to the Marrakesh Treaty 2013.
8.3 An Authorised Person is to be regarded as a “Print Disabled Person” for the purposes of this clause if he or she is a person who:
8.3.1 is blind;
8.3.2 has a visual impairment which cannot be improved so as to give that person visual function substantially equivalent to that of a person who has no such impairment;
8.3.3 has a perceptual or reading disability, including dyslexia, and is, as a result, unable to read printed works to substantially the same degree as a person without an impairment or disability;
8.3.4 is otherwise unable, due to physical disability, to hold or manipulate a book or to focus or move their eyes to the extent that would be normally acceptable for reading; or
8.3.5 would otherwise be regarded as having a disability in accordance with s.6 of the Equality Xxx 0000.
8.4 This clause is without prejudice to and does not purport to prevent or restrict the doing of any act which by virtue of and in accordance with the Copyright, Designs and Patents Xxx 0000 (“the Act”) would not infringe copyright including where the Licensee is an authorised body under the Act, i.e. is an educational establishment or a body that is not conducted for profit, which may make, communicate, make available or lend accessible copies (and make intermediate copies in order to do so) subject to and in accordance with the relevant terms of the Act.
Appears in 1 contract
Samples: Copyright License Agreement
Print disabled persons. 9.1 8.1 The provisions of this clause shall only apply where an Authorised Person is a Print Disabled Person in accordance with clause 9.38.3.
9.2 8.2 Notwithstanding the provisions of clause 4.2 3.4 the Licensee, and as appropriate Authorised Persons, may make and supply a copy of part or the whole of any work within Licensed Material in an alternative manner or form that gives a Print Disabled Person access to the work including allowing for the Print Disabled Person to have access as feasibly and comfortably as a person without a visual impairment or any of the disabilities referred to in clause 9.3 (anor
9.2.1 8.2.1 the Licensee must have lawful possession of an original copy of any work from which it makes an Accessible Format Copy;
9.2.2 the Licensee may only make an Accessible Format Copy of a work if the same kind of Accessible Format Copies are not commercially available on reasonable terms by or with the authority of the copyright owner;
9.2.3 8.2.2 each Accessible Format Copy that exceeds the limits set out in clause 4.2 3.4 shall contain:
i) a statement that it is a copy of the original work made under a CLA Licence for the personal use of a Print Disabled Person and that it may not be further copied (including any electronic copying or transmission) or dealt with without permission or save as may be permitted by law; and
ii) the title, as well as the name of the author and publisher, of the original work and the published edition from which it is copied.;
9.2.4 8.2.3 the Licensee may only charge for the supply of an Accessible Format Copy an amount which does not exceed the cost of making and supplying it;
9.2.5 8.2.4 that the Accessible Format Copy is only for the personal use of a Print Disabled Person (or a person acting on behalf of a Print Disabled Person) who is an Authorised Person; and
Appears in 1 contract
Samples: Higher Education Licence
Print disabled persons. 9.1 8.1 The provisions of this clause shall only apply where an Authorised Person is a Print Disabled Person in accordance with clause 9.38.3.
9.2 8.2 Notwithstanding the provisions of clause 4.2 3.4 the Licensee, and as appropriate appropriate, Authorised Persons, Persons may make and supply a copy of part or the whole of any work within Licensed Material in an alternative manner or form that gives a Print Disabled Person access to the work including allowing for the Print Disabled Person to have access as feasibly and comfortably as a person without a visual impairment or any of the disabilities referred to in clause 9.3 8.3 (anan “Accessible Format Copy”) but must respect the integrity of the work and not include any changes to the work which are not necessary in order to make an Accessible Format Copy for the exclusive use of the Print Disabled Person for whom it is intended on, and subject to, the following conditions:
9.2.1 8.2.1 the Licensee must have lawful possession of an original copy of any work from which it makes an Accessible Format Copy;
9.2.2 the Licensee may only make an Accessible Format Copy of a work if the same kind of Accessible Format Copies are not commercially available on reasonable terms by or with the authority of the copyright owner;
9.2.3 8.2.2 each Accessible Format Copy that exceeds the limits set out in clause 4.2 3.4 shall contain:
(i) a statement that it is a copy of the original work made under a CLA Licence for the personal use of a Print Disabled Person and that it may not be further copied (including any electronic copying or transmission) or dealt with without permission or save as may be permitted by law; and
and (ii) the title, as well as the name of the author and publisher, of the original work and the published edition from which it is copied.;
9.2.4 8.2.3 the Licensee may only charge for the supply of an Accessible Format Copy an amount which does not exceed the cost of making and supplying it;
9.2.5 8.2.4 that the Accessible Format Copy is only for the personal use of a Print Disabled Person (or a person acting on behalf of a Print Disabled Person) who is an Authorised Person; and
8.2.5 Accessible Format Copies may only be distributed in the United Kingdom except that Accessible Copies of works published within the United Kingdom may be distributed elsewhere in the European Union and a third country that is a party to the Marrakesh Treaty 2013.
8.3 An Authorised Person is to be regarded as a “Print Disabled Person” for the purposes of this clause if he or she is a person who:
8.3.1 is blind;
8.3.2 has a visual impairment which cannot be improved so as to give that person visual function substantially equivalent to that of a person who has no such impairment;
8.3.3 has a perceptual or reading disability, including dyslexia, and is, as a result, unable to read printed works to substantially the same degree as a person without an impairment or disability;
8.3.4 is otherwise unable, due to physical disability, to hold or manipulate a book or to focus or move their eyes to the extent that would be normally acceptable for reading; or
8.3.5 would otherwise be regarded as having a disability in accordance with s.6 of the Equality Xxx 0000.
8.4 This clause is without prejudice to and does not purport to prevent or restrict the doing of any act which by virtue of and in accordance with the Copyright, Designs and Patents Xxx 0000 (“the Act”) would not infringe copyright including where the Licensee is an authorised body under the Act, i.e. is an educational establishment or a body that is not conducted for profit, which may make, communicate, make available or lend accessible copies (and make intermediate copies in order to do so) subject to and in accordance with the relevant terms of the Act. HE_20190916
Appears in 1 contract
Samples: Higher Education Licence
Print disabled persons. 9.1 8.1 The provisions of this clause shall only apply where an Authorised Person is a Print Disabled Person in accordance with clause 9.38.3.
9.2 8.2 Notwithstanding the provisions of clause 4.2 3.4 the Licensee, and as appropriate appropriate, Authorised Persons, Persons may make and supply a copy of part or the whole of any work within Licensed Material in an alternative manner or form that gives a Print Disabled Person access to the work including allowing for the Print Disabled Person to have access as feasibly and comfortably as a person without a visual impairment or any of the disabilities referred to in clause 9.3 8.3 (anan “Accessible Format Copy”) but must respect the integrity of the work and not include any changes to the work which are not necessary in order to make an Accessible Format Copy for the exclusive use of the Print Disabled Person for whom it is intended on, and subject to, the following conditions:
9.2.1 8.2.1 the Licensee must have lawful possession of an original copy of any work from which it makes an Accessible Format Copy;
9.2.2 the Licensee may only make an Accessible Format Copy of a work if the same kind of Accessible Format Copies are not commercially available on reasonable terms by or with the authority of the copyright owner;
9.2.3 8.2.2 each Accessible Format Copy that exceeds the limits set out in clause 4.2 3.4 shall contain:
(i) a statement that it is a copy of the original work made under a CLA Licence for the personal use of a Print Disabled Person and that it may not be further copied (including any electronic copying or transmission) or dealt with without permission or save as may be permitted by law; and
and (ii) the title, as well as the name of the author and publisher, of the original work and the published edition from which it is copied.;
9.2.4 8.2.3 the Licensee may only charge for the supply of an Accessible Format Copy an amount which does not exceed the cost of making and supplying it;
9.2.5 8.2.4 that the Accessible Format Copy is only for the personal use of a Print Disabled Person (or a person acting on behalf of a Print Disabled Person) who is an Authorised Person; and
8.2.5 Accessible Format Copies may only be distributed in the United Kingdom except that Accessible Copies of works published within the United Kingdom may be distributed elsewhere in the European Union and a third country that is a party to the Marrakesh Treaty 2013.
8.3 An Authorised Person is to be regarded as a “Print Disabled Person” for the purposes of this clause if he or she is a person who:
8.3.1 is blind;
8.3.2 has a visual impairment which cannot be improved so as to give that person visual function substantially equivalent to that of a person who has no such impairment;
8.3.3 has a perceptual or reading disability, including dyslexia, and is, as a result, unable to read printed works to substantially the same degree as a person without an impairment or disability;
8.3.4 is otherwise unable, due to physical disability, to hold or manipulate a book or to focus or move their eyes to the extent that would be normally acceptable for reading; or
8.3.5 would otherwise be regarded as having a disability in accordance with s.6 of the Equality Xxx 0000.
8.4 This clause is without prejudice to and does not purport to prevent or restrict the doing of any act which by virtue of and in accordance with the Copyright, Designs and Patents Xxx 0000 (“the Act”) would not infringe copyright including where the Licensee is an authorised body under the Act, i.e. is an educational establishment or a body that is not conducted for profit, which may make, communicate, make available or lend accessible copies (and make intermediate copies in order to do so) subject to and in accordance with the relevant terms of the Act.
Appears in 1 contract
Samples: Higher Education Licence