119-LLM DISSERTATION (FINAL - WITH CORRECTIONS) (SUBMITTED ON 1 NOVEMBER 2012).pdf

119-LLM DISSERTATION (FINAL - WITH CORRECTIONS) (SUBMITTED ON 1 NOVEMBER 2012).pdf

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D.R. Nicholson – LLM (Dissertation) 2012 119 analogue and digital environments. The limitations and exceptions are arguably unconstitutional particularly with regard to blind persons, as they are unable to exercise even their ‘fair dealing’ rights as information users due to restrictive or prohibitive copyright clauses, in particular those relating to adaptations and conversions to accessible formats. The SA Government seemingly ignores the trends in many other countries to address the needs of persons with sensory disabilities in copyright law and may well be in conflict with its ‘national treatment’ obligations in international IP agreements. What is more serious is that it undoubtedly neglects its obligations in terms of international human rights conventions. It also perpetuates the situation whereby the copyright law contradicts other domestic laws that promote and protect the rights of persons with disabilities, including the right to equality, access to information and education, and freedom of participation and expression. The Copyright Act is also in
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