A critical examination of copyright limitations and exceptions for the visually impaired pertaining to literary works in South Africa in the local and global context
The aim of the paper will be to demonstrate that South African law, as it stands in terms of the Copyright Act, fails to provide equal access to literary works for the visually impaired community compared to the able bodied community. In failing to provide equal access, the South African government has failed to realise the theoretical justifications underpinning the law of copyright, as well as its obligations on both a national (in terms of the constitution, legislation and case law) and international level. It will then be asked what South Africa ought to do so as to better this situation by examining what the international community is doing in order to better establish an environment of equal access to literary works, specifically in terms of the recent Marrakesh Treaty, and what implications this may have for South Africa in its quest to better balance the interests of copyright users and owners in such a way that equal access is achieved.
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