Copyright, Accessibility, and the Right to Read: Why India Must Look Beyond Exceptions

Abstract

In 2012, India amended the Copyright Act, 1957, to permit the conversion of copyrighted works into accessible formats by persons with disabilities and third parties on their behalf. Subsequently adopted internationally through the Marrakesh Treaty, such exceptions seek to prevent copyright from impeding education, communication, and cultural participation. Despite being a radical development in copyright and disability law, these exceptions establish a post-publication conversion regime, placing the burden of providing accessible books on volunteering third parties and the vulnerable group themselves. There is no legal mandate to publish accessible books ex ante, which are perceived as low in demand and requiring significant production expenditure. This Article argues that independent post-publication conversion, in place of accessible mainstream publishing, ultimately normalises inaccessibility. It reinforces the proprietary nature of copyright, treating rightsholders’ economic interests as sacrosanct and expansive, subject only to limited exceptions. The Article makes the case that, in order to fully realise the right to read, accessible publishing needs to be integrated at the production stage so as to increase the availability of accessible books without additional delays or financial and logistical hurdles. This is only possible if copyright’s normative vision is expanded beyond the limited exceptions paradigm to incorporate democratic values and prioritise wider participation in cultural exchange.