[A2k] IP-Watch: Blind Readers Seek Guarantee Of Access Under EU Copyright Law

[Thiru Balasubramaniam]

http://www.ip-watch.org/weblog/wp-trackback.php?p=3D1290

<SNIP>

A study published by the World Intellectual Property Organization in
2006 found that 57 countries have introduced exceptions from copyright
law to cater for the visually impaired. The report=92s author Judith
Sullivan contended that it =93seems unlikely the exceptions would
provide a comprehensive solution to the needs of visually impaired
people unable - because of copyright constraints - to access the
written word.=94

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There also is a debate on exceptions for the blind emerging at the
World Intellectual Property Organization. In July, the World Blind
Union (WBU) and Knowledge Ecology International convened an expert
group in Washington, DC to consider a possible treaty for blind,
visually impaired and other reading disabled persons. The WBU has
drafted a proposed treaty, which is expected to be introduced at the
3-7 November meeting of the WIPO Standing Committee on Copyright and
Related Rights. More information can be found here.



Intellectual Property Watch

27 October 2008
Blind Readers Seek Guarantee Of Access Under EU Copyright Law



By David Cronin for Intellectual Property Watch
BRUSSELS - Exceptions to European Union copyright rules designed to
allow blind people access to publications should be made legally
binding, according to disability rights organisations.

In July, the European Commission opened a public consultation exercise
on whether a central piece of EU law on intellectual property needs to
be updated to take account of technological advances.

Under that law, the 2001 copyright directive, exceptions from IP rules
are provided for blind and visually-impaired people so that they can
obtain books in braille or large-print format or as audio recordings.

But activists complain that because the exceptions are voluntary, they
do not provide a guarantee of access to material.

The European Blind Union (EBU) is preparing to submit a paper to the
consultation exercise, which runs until the end of November, arguing
that the exceptions should be declared mandatory.

Rodolfo Cattani, a spokesman for the Italian Union of the Blind, said
that the application of anti-piracy technology, which blocks users
from making copies, can mean that texts in electronic format cannot be
used by computer programmes tailored to meet the needs of the blind,
visually-impaired or people with learning difficulties such as dyslexia.

If the EU fails to strengthen the basis for the exceptions, it will
not be respecting a new United Nations convention on the rights of
people with disabilities, Cattani added. The convention, which entered
into force in May, requires governments to take =93all appropriate
measures=94 so that the disabled can enjoy cultural materials.

=93The right of accessibility should prevail over copyright,=94 said
Cattani. =93This is a fundamental principle.=94

But the Federation of European Publishers, an umbrella group for the
book industry, said it is not in favour of widening the exceptions.
Doing so would =93send the wrong message=94, according to Anne Bergman,
the federation=92s director.

=93The exception is being implemented in all [27 EU] member states,=94 she
said. =93What is really the problem is lack of accessible content,
rather than the implementation of the exception itself.=94

One of the major hurdles to be overcome, she added, relates to who
should be responsible for distributing books to the visually impaired.
In Britain and the Netherlands, a national organisation for the blind
is given files by publishers and is then tasked with circulating them
among a recognised network. But several other countries have =93dozens
of organisations=94 working for the blind, rather than one which acts as
a coordinator, Bergman said.

=93What we are asking the Commission is that if there is not a trusted
third party, that it should create one, so that publishers know when
they give a file to an organisation, that file will not be found on
the internet two hours later,=94 she added.

A study published by the World Intellectual Property Organization in
2006 found that 57 countries have introduced exceptions from copyright
law to cater for the visually impaired. The report=92s author Judith
Sullivan contended that it =93seems unlikely the exceptions would
provide a comprehensive solution to the needs of visually impaired
people unable - because of copyright constraints - to access the
written word.=94

The European Bureau of Library Information and Documentary
Associations (EBLIDA) also is preparing a submission to the
consultation exercise. The discussion document published by the
Commission to kick off the consultation noted that current EU
legislation does not provide sufficient clarity about the extent to
which libraries can reproduce material subject to a copyright. For
example, the legislation does not make clear how many copies a library
could make of a book if it is transferring it from paper to a digital
format.

EBLIDA Director Andrew Cranfield said that =93harmonisation has been the
name of the game=94 in the EU debate over copyright since the 1990s. He
took issue with how policy-makers have favoured voluntary exceptions
over binding measures. =93This has led to a very difficult and complex
situation in the member states, when it comes to understanding what is
and what is not allowed in the rights of reproduction and
communication to the public,=94 he said.

Oliver Drewes, the Commission=92s spokesman on internal market issues,
said he could not comment on the merits of particular submissions at
this stage, other that they are welcome.

Once the submissions have been evaluated, the Commission is expected
to call a conference during the first six months of 2009.

WIPO Debate Looming

There also is a debate on exceptions for the blind emerging at the
World Intellectual Property Organization. In July, the World Blind
Union (WBU) and Knowledge Ecology International convened an expert
group in Washington, DC to consider a possible treaty for blind,
visually impaired and other reading disabled persons. The WBU has
drafted a proposed treaty, which is expected to be introduced at the
3-7 November meeting of the WIPO Standing Committee on Copyright and
Related Rights. More information can be found here.

William New contributed to this story.

David Cronin may be reached at info@ip-watch.ch.


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Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International (KEI)
thiru@keionline.org


Tel: +41 22 791 6727
Mobile: +41 76 508 0997