Rigid copyright regimes can both protect creativity and restrict access to knowledge. Critically examine how India can balance intellectual property protection with accessibility for persons with disabilities and the need for technological innovation.

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Introduction

Copyright law seeks to incentivize creativity by granting exclusive rights to creators. However, rigid enforcement can restrict access to knowledge, particularly for persons with disabilities (PwDs), and may impede technological innovation. India, as a signatory to global IP regimes like TRIPS and the Marrakesh Treaty, must balance protection with public interest and inclusivity.

Tension between Copyright Protection and Accessibility

On one hand, strong copyright protection encourages investment in publishing, research, and creative industries. It supports economic growth and fosters innovation in sectors such as software and media.

On the other hand, restrictive copyright regimes limit access to educational materials, especially in accessible formats such as Braille, DAISY, or audiobooks. High licensing costs and cross-border restrictions create a “book famine” for visually impaired persons. Excessive control over digital content may also hinder AI training, text and data mining, and assistive technologies.

India’s Evolving Framework

India’s Copyright (Amendment) Act, 2012 incorporated provisions aligned with the Marrakesh Treaty, allowing reproduction and distribution of works in accessible formats without author permission for non-commercial use. This reflects a rights-based approach under Articles 14 and 21 of the Constitution.

However, practical barriers persist—lack of awareness, limited institutional capacity, and cross-border licensing constraints.

Way Forward

First, strengthen implementation of accessibility exceptions and simplify procedures for accessible format production.

Second, promote open licensing models such as Creative Commons for educational content.

Third, clarify fair use provisions for AI training and research to support technological innovation.

Fourth, encourage public-private partnerships to create inclusive digital libraries.

Conclusion

A balanced copyright regime must protect creators while upholding the constitutional promise of equality and dignity. By harmonizing IP protection with accessibility and innovation, India can foster both creativity and inclusive knowledge dissemination.

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