For years, turning a book into Braille or an audiobook technically infringed copyright — creating a “book famine” for millions of print-disabled readers. India’s 2012 amendment fixed that.
The problem
Copyright protects literary, dramatic, musical and artistic works, and using them normally needs the owner’s permission. Before 2012, converting a book to an accessible format (Braille, audio) counted as infringement unless the owner agreed — a barrier for the roughly 47 million visually impaired or print-disabled people in India (about 285 million worldwide). A 2006 WIPO study had already shown that over 60 countries provided disability exceptions; India did not.
The 2012 amendment
The Copyright (Amendment) Act, 2012 aligned Indian law with international treaties (WCT, WPPT) and created two routes:
- Section 52(1)(zb) — the non-commercial route. Individuals, educational institutions and non-profit organisations may reproduce works in accessible formats for the benefit of persons with disabilities without the owner’s consent — but only for private, personal, educational or research use, not commercial purposes.
- Section 31B — the compulsory-licence route. A for-profit organisation may convert and distribute accessible-format copies by obtaining a compulsory licence (from the Appellate Board/now the commercial courts).
The Marrakesh Treaty
India ratified the Marrakesh Treaty in 2014 — the first country to do so. The Treaty requires member states to provide copyright exceptions for accessible-format copies for print-disabled persons and to permit their cross-border exchange, so an accessible book made in one member country can be shared with readers in another.
Practical guidance
- Non-profits and educators can make accessible copies freely for personal/educational use under 52(1)(zb) — keep the use non-commercial.
- For-profit distribution needs the Section 31B compulsory licence.
- Cross-border sharing is enabled by Marrakesh — useful for building accessible catalogues.
Frequently asked questions
Can I convert a book to Braille or audio without the copyright owner’s permission in India? Yes, for private, personal, educational or research use, under Section 52(1)(zb) — by individuals, educational institutions or non-profits, non-commercially.
What if I want to distribute accessible copies commercially? A for-profit organisation needs a Section 31B compulsory licence to convert and distribute accessible-format copies.
Did India adopt the Marrakesh Treaty? Yes — India was the first country to ratify it, in 2014, enabling accessible-format exceptions and cross-border exchange.
Do these exceptions cover all disabilities? They are aimed at persons with disabilities that affect access to the work (notably print disabilities), for accessible formats.
Useful official resources
- The Copyright Act, 1957
- WIPO — Marrakesh Treaty