3. Insertion of new section 12A in the principal enactment

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

The following new section is hereby inserted immediately after section 12 of the principal enactment and shall have effect as section 12A of that enactment:–

12A. (1)

(a)

Notwithstanding anything contained in this Part, any authorized entity may adapt, reproduce and issue of copies of any work in an accessible format for the benefit of a beneficiary person in order to facilitate such beneficiary person to access such work including the sharing with any other beneficiary person of such work where the

“Fair use of a work by any authorized entity to facilitate a beneficiary person reproduction is made exclusively for the own use of the beneficiary person, his educational purpose or research and where the original format of such work prevents the enjoyment thereof by such person. Such adaptation, reproduction and issue of copies of any work by the authorized entity shall not be an infringement of copyright.

(b)

The provisions of paragraph (a) shall apply for any work only where such work is not commercially available in such accessible format under reasonable terms. In such event, the Minister shall deposit a notification with the Director-General of the World Intellectual

Property Organization declaring the limitations or exceptions, as the case may be, to such work.

(2)

An authorized entity shall–

(a)

be such persons or organizations as shall be prescribed by the Minister in consultation with the Director-General of Intellectual Property;

(b)

make available to any beneficiary person copies of any work in accessible format on non-profit basis recovering only the cost of the production of such work in an accessible format;

(c)

ensure that copies of any work in accessible format are used only by a beneficiary person and take reasonable steps to prevent its entry into ordinary channels of business;

(d)

limit the supply of copies of any work in accessible format only to adapt, reproduce and issue of copies of such work to the beneficiary persons or any other persons acting on behalf of the beneficiary person;

(e)

discourage the reproduction, distribution and making available of unauthorized copies of any work in acccessible format; and

(f)

maintain due care in, and records of its handling of copies of any work in accessible format while respecting the privacy of a beneficiary person.”.

Read on from s 4