Yes, and: Implementation of access to cultural materials for persons with disabilities
Rekas, Abigail P.
Rekas, Abigail P.
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Publication Date
2023-01-19
Type
Thesis
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Abstract
This thesis examines the right to access culture for persons with disabilities and proposes a new approach to implementing that right. Part I lays out where this right can be found and why it is so important. It engages with Article 30 of the United Nations Convention on the Rights of Persons with Disabilities, which guarantees the right to access cultural materials on an equal basis with others and requires that IP not be a discriminatory barrier to this access. The thesis then moves to an examination of what cultural materials are precisely. Specifically, it looks to see whether cultural materials, protected by the intellectual property doctrine of copyright, are property. It shows that a reasonable parallel between property and works protected by copyright can be drawn. Policy and technological interventions, including the Marrakesh Treaty, are explored to show that the present state of affairs is a patchwork of exceptions and regulations and that people fall through the cracks and do not have access on an equal basis with others. Part II of the thesis looks at why patchwork legislation persists. It is argued that accessibility is caught in a paradigmatic loop, where it has become difficult to step outside the self-completing circle of logic. From there, it makes a recommendation that works that have been opened to the public are akin to places of public accommodation. This brings them into the purview of accessibility regulation governing places open to the public and applies a single accessibility standard to all works. An example of how this might be accomplished in the United States Code is given. Finally, the thesis considers the potential drawbacks of adopting this approach, weighing these against the possible benefits. Ultimately it is determined that this approach is ultimately a favorable one.
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NUI Galway