ABSTRACT
This chapter reveals that initiatives for provision of access to art for persons who are blind or visually impaired (PVI) in New Zealand (NZ) involve both a direct reproduction of copyright works and the use of other means of facilitating access. It evaluates the existing general flexibilities in the CA 1994, as well as the implications of the new Marrakesh Amendment, for access to artistic works for PVI and persons with a disability (PWD) in NZ. New Zealand courts have underlined the importance of whether the infringing work competes with or rivals the copyright work. The substantiality of the part copied would be justified in view of the fact that the purpose of the copying is to provide access to the work for PWD. The Marrakesh Amendment extends the reach of the permissible acts under the disability exception in NZ to cover the activities of both PVI and an ‘authorised entity’.
