Learning English as a Second Language or for the Hearing Impaired

Phoenix Blue Productions Pty Ltd is a registered Educational Institution in accordance with Australian Copyright Law.

As the Audiovisual Copyright Licence Administrators Phoenix Blue Productions Pty Ltd is registered in compliance with the Copyright Act Part 5(b) – Division 6. The Phoenix Blue Productions Pty Ltd App Product Bible Movie App is Reproducing (content) by educational (and other) institutions and Reproduction and Communicat(ing) (to) assisting those with Print Disability.

Phoenix Blue Productions Pty Ltd provides dual-language applications and applications with multi-language translations as English teaching tools for those seeking to learn about and understand the Bible and those where English is not the first language”. This notice is on public record.

Educational Use Rights

The United States is currently negotiating a large, regional free trade agreement with eleven other countries: Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam. On October 16, 2014, WikiLeaks published a new leak of the Trans-Pacific Partnership Agreement’s (TPP) negotiating text for the intellectual property chapter1. Specific reference is made to created works that have been created for the blind or visually impared:

Each Party shall endeavor to achieve an appropriate balance in its copyright and related rights system, inter alia by means of limitations or exceptions that are consistent with Article QQ.G.16.1, including those for the digital environment, giving due consideration to legitimate purposes such as, but not limited to: criticism, comment, news reporting, teaching, scholarship, research, and other similar purposes; and facilitating access to [AU oppose: published] works for persons who are blind, visually impaired, or otherwise print [AU propose: or perceptually] disabled.116 117

116 {In particular,} As recognized by the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (June 27, 2013). 117 For purposes of greater clarity, a use that has commercial aspects may in appropriate circumstances be considered to have a legitimate purpose under Article QQ.G.16.3.2

International parties have now agreed to include facilitating access for persons who are blind, visually impaired or otherwise print disabled3

Each Party shall endeavor to achieve an appropriate balance in its copyright and related rights system, inter alia by means of limitations or exceptions that are consistent with Article QQ.G.16.1, including those for the digital environment, giving due consideration to legitimate purposes such as, but not limited to: criticism, comment, news reporting, teaching, scholarship, research, and other similar purposes; and facilitating access to [AU oppose: published] works for persons who are blind, visually impaired, or otherwise print [AU propose: or perceptually] disabled4,4.1

Since the first judicial decision that addressed copyright and fair use in the area of appropriation art, courts have struggled with the conceptual underpinnings of the artistic form. The judiciary has done admirably, often expanding its understanding of the fair use doctrine in order to serve the core goal of copyright—to promote the arts. The recent decision in Cariou v. Prince indicates that transformation might be exclusively found in physical alteration. The Cariou transformation test divorces artwork, especially appropriation artwork, from an individual’s contextual and experiential engagement with the artwork. Courts examine social theories of contextual engagement in concert with fundamental market principles to determine actual market harm. This determination can then resolve the question of transformation. The effect is to return the power to determine what is in the public interest to the public. In the case of the Bible Movie the market harm is negligible as the original content creaters have produced general broadcast films, wheras this is a visual book, an educational tool or, the bible-in-a-movie-format. This use (in itself) is completely unique and original. A genuine transformation.