[A2k] World Blind Union proposes a WIPO treaty for reading disabled persons

[James Love]

On October 28, 2008, Chris Friend of the World Blind Union sent WIPO a
proposal for a "WIPO treaty for Improved Access for Blind, Visually
Impaired and other Reading Disabled Persons."  The case for the treaty
is explained in the WBU letter.  Copies of the proposed treaty text and
several other documents are available from KEI here:

http://www.keionline.org/index.php?option=3Dcom_content&task=3Dview&id=3D21=
0

The WBU letter follows:

http://www.keionline.org/misc-docs/tvi/wbu_coverletter_gurry.pdf

World Blind Union
Union Mondiale Des Aveugles
Uni=C3=B3n Mundial de Ciegos

28 October 2008

Director General
Dr. Francis Gurry
World Intellectual Property Organization
Geneva, Switzerland

Dear Dr. Francis Gurry,

The World Blind Union is pleased to share with you a proposal for a WIPO
Treaty for Improved Access for Blind, Visually Impaired and other
Reading Disabled Persons.

The World Blind Union (WBU) is an organisation of blind and partially
sighted persons, representing 180 million blind and visually impaired
persons from about 600 different organisations in 158 countries.   Since
2003, the World Blind Union (WBU) has been asking the World Intellectual
Property Organization (WIPO) Standing Committee on Copyright and related
Rights (SCCR) to address the need for harmonization and norm-setting in
the area of copyright limitations and exceptions in order to make it
easier to publish and distribute copyrighted works that are accessible
to people who are blind or have other disabilities in accessing
copyrighted works.   Among other issues, the WBU seeks to address
current barriers to exporting and importing works published in
accessible formats.

Today, persons who are blind or otherwise reading disabled face enormous
barriers in accessing copyrighted works.  In an ideal world, publishers
would make works available in formats accessible to blind, visually
impaired and reading disabled persons.  In practice, this happens only
rarely. Even in the wealthiest markets1, less than 5 percent of
published books are accessible to persons who are blind, and access in
developing countries is often more limited.

Traditionally, visually impaired persons have relied upon audio works
that were cumbersome to use, expensive raised paper braille editions of
works, and large type books printed on paper.   Innovations in
information technology have created exciting opportunities to expand
access, particularly as regards works that can be distributed digitally
over the Internet and mobile phone networks.

Using standards like the Digital Accessible Information SYstem (DAISY),
it is now possible to publish works with highly usable indexes and
searching technologies that can be used in audio, refreshable raised
braille, or large type readers.   Prices for new digital reading devices
vary according to functionality and purpose, but are becoming very
affordable, even in developing countries.

While new technologies make it possible to imagine a world where
visually impaired persons have access to a broad variety of documents at
the same time as sighted people, the out-of-date legal environment is a
barrier.  Some countries have limitations and exceptions in copyright
laws to enable works to be made accessible for persons with reading
disabilities without the permission of copyright owners, but the
provisions vary considerably from country to country, and are often
quite restrictive, or focused only on older technologies such as raised
paper braille.  Of particular concern to the WBU is the fact that the
current regimes of limitations and exceptions do not permit the import
and exports of accessible works.  As a consequence of these factors, the
total number of accessible works is very low, particularly in smaller
market countries.

The Proposed Treaty

The WBU seeks to greatly expand access to works through a global
platform for distributing accessible works.  This requires creating a
harmonized global minimum standard for copyright limitations and
exceptions for blind, visually impaired and reading disabled persons
that allows exports and imports of works in accessible formats to
qualified persons.  It is anticipated that this will both facilitate
greater access to works under copyright limitations and exceptions, and
also motivate publishers to publish works in accessible formats.

The basic structure of the proposal is a two tiered set of limitations
and exceptions to the rights of copyright owners.  Non-profit
institutions would have the right to publish and distribute works in
accessible formats if four conditions were met.

1.The person or organization wishing to undertake any activity under
this provision has lawful access to that work or a copy of that work;

2.the work is converted to an accessible format, which may include any
means needed to navigate information in the accessible format, but does
not introduce changes other than those needed to make the work
accessible to a visually impaired person;

3.copies of the work are supplied exclusively to be used by visually
impaired persons; and

4.the activity is undertaken on a non-profit basis.

The Treaty proposal also provides for more limited exceptions for
commercial publishers to make works available to the visually impaired
when:

"the work or copy of the work that is to be made into an accessible
format is not reasonably available in an identical or largely equivalent
format enabling access for the visually impaired, and the entity
providing this accessible format gives notice to the owner of copyright
of such use and adequate remuneration to copyright owners is available."

The biggest beneficiaries of the treaty will be blind and visually
impaired persons living in developing countries, as they will have far
greater access to works currently only available in high-income
countries.  However, even developed countries will benefit enormously
from the liberalization of access to foreign collections of accessible
works, and from the expansion of the rights for the visually impaired,
including in areas such as technological protection measures or
restrictive contracts.  Moreover, given the importance of economies of
scale, everyone will benefit from the larger global market for
accessible works.

We are of the firm conviction, in terms of reading copyrighted works,
that this Treaty instrument would provide the necessary minimum
flexibilities in copyright laws that are needed to provide full and
equal access to information and communication for persons who are
visually impaired or otherwise disabled.  The Treaty focuses in
particular on measures that are needed to publish and distribute works
in formats that are accessible for persons who are blind, have low
vision, or have other disabilities in reading text, in order to support
their full and effective participation in society on an equal basis with
others.  It would ensure the opportunity to develop and utilize their
creative, artistic and intellectual potential, not only for their own
benefit, but also for the enrichment of society.

Therefore, we urge your good offices to distribute this proposal of the
World Blind Union on a WIPO Treaty for Improved Access for Blind,
Visually Impaired and other Reading Disabled Persons to all Members
States and Observers to the WIPO Standing Committee on Copyright and
Related Rights in order for this proposal to be considered under the
limitations and exceptions agenda item at WIPO SCCR 17.

The World Blind Union reiterates to the World Intellectual Property
Organization the assurances of its highest consideration.
Yours  sincerely


Christopher E.B. Friend
Chair, WBU Copyright and Right to Read Working Group
cfriend@sightsavers.org
Telephone: +44 1444 446 663; mobile: +44 7919 552 170

Attachment: World Blind Union Proposal: WIPO Treaty for Improved Access
for Blind, Visually Impaired and  other Reading Disabled Persons
(English, French and Spanish versions)



--
James Love, Director, Knowledge Ecology International
http://www.keionline.org | mailto:james.love at keionline.org
Wk: +1.202.332.2671 | US Mobile +1.202.361.3040 | Geneva Mobile +41.76.413.=
6584