International Perspectives on Disability Exceptions in Copyright Law and the Visual Arts Feeling Art

This book provides an overview of disability exceptions to copyright infringement and the international and human rights legal framework for disability rights and exceptions. The focus is on those exceptions as they apply to visual art, while the book presents a comprehensive study of copyright’s disability exceptions per se and the international and human rights law framework in which they are situated. 3D printing now allows people with a visual impairment to experience 3D reproductions of paintings, drawings and photographs through touch. At the same time, the uncertain application of existing disability exceptions to these reproductions may generate concerns about legal risk, hampering sensory art projects and reducing inclusivity and equity in cultural engagement by people with a visual impairment. The work adopts an interdisciplinary approach, with contributions from diverse stakeholders, including persons with disabilities,cultural institutions and the 3D printing industry. The book sketches the scene relating to sensory art projects. Experts in intellectual property, human rights, disability and art law then critically analyse the current legal landscape relating to disability access to works of visual art at both international and regional levels, as well as across a broad representative sample of national jurisdictions, and identify where legal reform is required. This comparative analysis of the laws aims to better inform stakeholders of the applicable legal landscape, the legal risks and opportunities associated with sensory art and the opportunities for reform and best practice guidelines, with the overarching goal of facilitating international harmonisation of the law and enhanced inclusivity.

1. Introduction Jani McCutcheon and Ana Ramalho, joint editors Part 1 - Social, Cultural and technical challenges of 3D printing 2D art works 2. Sensory Art Projects In Cultural Institutions Ann Blokland (Van Gogh Museum Amsterdam) and Caine Chennat (Lawrence Wilson Art Gallery). 3. Accessibility and Open GLAM Andrea Wallace (University of Exeter) 4. 3D Printing In Arts And Heritage Vivian Saaze (Faculty of Arts and Social Sciences, Maastricht University) 5. Something to Struggle For Fernando Torrente 6. Sensory Art from a 3D Printer’s Perspective Noel Daemen Part 2 – International Framework for Disability Rights and Exceptions 7. Disability Exceptions Under International Law and The International Human Rights Framework Joseph Lelliot and Paul Harpur (University of Queensland) Part 3 – The EU Framework for Disability Rights and Exceptions 8. The EU Disability Exceptions Ana Ramalho (Copyright Counsel, Google, and Leiden University) 9. EU Disability Law and Policy and Access to Art Works through 3D Printing Lisa Waddington (Maastricht University) Part 4 – Mapping and Critiquing the legal Landscape 10. Australia Jani McCutcheon (University of Western Australia) 11. United States Peter Karol (New England Law, Boston) 12. Canada Lucie Guibault Lucie Guibault and Anthony Rosborough(Dalhousie University); 13. Brazil Sérgio Branco (ITS Rio) 14. The UK Sabine Jacques (University of East Anglia) 15. China Tianxiang He (City University of Hong Kong) 16. Costa Rica Andres Guadamuz (University of Sussex) 17. Japan Simone Schroff (University of Plymouth) 18. New Zealand Lida Ayoubi (Auckland University of Technology) 19. Conclusion and policy recommendations Ana Ramalho and Jani McCutcheon

Jani McCutcheon is Associate Professor in the Law School, University of Western Australia. Ana Ramalho is Copyright Counsel at Google, and Guest Assistant Professor at Leiden University.