Reproduction of Copyrighted Work by Person with Disabilities: A Critical Analysis

This paper critically examines the interplay between copyright law and accessibility rights of persons with disabilities (PwDs), with a focus on India and the United States. It explores the barriers posed by intellectual property regimes and evaluates whether current legal frameworks adequately serve the needs of PwDs. The analysis focuses on the Indian Copyright Act, especially Sections 52(1)(zb) and 31B, post-2012 amendments, and contrasts them with the US doctrine of fair use. Through doctrinal and comparative analysis, the paper argues that while US law appears more flexible, its factor-based fair use test creates practical challenges when applied to PwDs. The burden of proof, market effect, and requirement for transformation are identified as problematic in access contexts. The paper concludes that India’s hybrid approach, though restrictive, provides a clearer route for rights-based exceptions. A more inclusive and rights-sensitive doctrine is proposed to ensure equitable access to knowledge.