Exclusive Rights and the Confinement of Exceptions and Limitations – Examining the Role of International Copyright Law in the Global Book Famine

This chapter explores the ways in which the international copyright law regime has restricted access to the written word for persons who are blind, visually impaired, or otherwise print disabled. It does so from two key perspectives. Firstly, an overview is provided of how the upwards trajectory in expansions to the exclusive rights granted to authors gradually and consistently reduced the scope for access. This includes the introduction and expansion of minimum standards, the strengthening of copyright enforcement measures, and the extension of exclusive rights into the digital arena. Secondly, it then offers interpretive insights into the three limbs of the ‘three step test’ which must be satisfied in order for an exception or limitation to be provided for at a national legislative level. These insights illustrate that, although there is some degree of flexibility in the interpretation and application of the test, it nevertheless remains an obstacle to accessing the written word.