[A2k] Kindle Context 3: World Blind Union's Proposed Exceptions Treaty
Seth Johnson
seth.johnson@RealMeasures.dyndns.org
Thu Apr 16 23:07:04 2009
This is a multi-part message in MIME format.
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Briefly: The Treaty for the Visually Impaired (TVI)
> http://www.keionline.org/misc-docs/tvi/tvi_tp.html
Briefing Note
> http://www.keionline.org/misc-docs/tvi/tvi_memo_en.html
World Blind Union Proposal
> http://www.keionline.org/misc-docs/tvi/tvi_en.html
KEI Information Pages:
WBU Proposal for a Treaty for Blind, Visually Impaired and other Reading Di=
sabled Persons
> http://www.keionline.org/index.php?option=3Dcom_content&task=3Dview&id=3D=
206
WIPO Treaty for Blind, Visually Impaired and other Reading Disabled Persons
> http://www.keionline.org/content/view/210/
(Text from all links pasted below)
---
> http://www.keionline.org/misc-docs/tvi/tvi_tp.html
Briefly: The Treaty for the Visually Impaired (TVI)
14 October 2008
The Problem
New technologies make it possible to imagine a world where blind, visually =
impaired and other reading disabled persons have access to a broad variety =
of documents at the same time as people without vision or other reading dis=
abilties do, and at a reasonable price, but there are still many obstacles.
The copyright laws in some countries are too restrictive for blind, visuall=
y impaired or other reading disabled persons to benefit from the new digita=
l technologies, such as refreshable braille, audio works, or large type dig=
ital readers that are indexed and searchable. It can be time consuming and =
costly for third parties to create high quality accessible formats of copyr=
ighted works. Unfortunately, works published in accessible formats in one c=
ountry cannot be exported to another country.
There is a need for greater harmonization in limitations and exceptions, in=
cluding the right to export and import, in order to create a global platfor=
m for making works available to the reading disabled.
Why now?
This is the right moment to table a concrete proposal at the WIPO SCCR. The=
topic is mature, and the WIPO SCCR is finally ready to discuss copyright l=
imitations and exceptions.
Since 2003, the World Blind Union (WBU) has been asking the WIPO SCCR to ad=
dress the need for harmonization on minimum limitations and exceptions for =
the blind, and to solve the export/import problem.
In 2005, the government of Chile asked WIPO to address the subject of manda=
tory minimum limitations and exceptions to copyright, for several groups, i=
ncluding the blind and visually impaired.
In February 2007, WIPO published a detailed report by Judith Sullivan, "St=
udy on Copyright Limitations and Exceptions for the Visually Impaired."
At the March 2008, meeting of the WIPO SCCR, Brazil, Chile, Nicaragua and U=
ruguay presented a new proposal, which elaborated further the proposal by t=
he Delegation of Chile regarding exceptions and limitations. Several delega=
tions "underlined the need for speedy action to improve the access of visua=
lly impaired persons to protected works."
The Treaty Proposal
The treaty proposal provides for harmonization of mandatory minimum limitat=
ions and exceptions to copyright for the benefit of blind, visually impaire=
d, and reading disabled persons. It also ensures that works published under=
these provisions can be legally exported and imported across borders.
---
> http://www.keionline.org/misc-docs/tvi/tvi_memo_en.html
Briefing Note
World Blind Union proposal for a WIPO Treaty for Blind, Visually Impaired a=
nd other Reading Disabled Persons
14 October 2008
Introduction
Attached is a proposal by the World Blind Union for a WIPO Treaty for Impro=
ved Access for Blind, Visually Impaired and other Reading Disabled Persons.=
The two main features of the proposed treaty are (1) to provide a minimum=
standard for limitations and exceptions for the blind and visually impaire=
d, and (2) to allow and encourage the import and export of works in accessi=
ble formats.
Background on process
Since 2003, the World Blind Union (WBU) has been asking the WIPO Standing C=
ommittee on Copyright and related Rights (SCCR) to address the need for har=
monization and norm-setting in the area of copyright limitations and except=
ions 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.
Beginning in 2005, the government of Chile began petitioning WIPO to addres=
s the subject of mandatory minimum limitations and exceptions to copyright.=
The Chile proposal focused on the concerns of the visually impaired, as we=
ll as issues involving education, libraries, archives, and innovative servi=
ces. In February 2007, WIPO published a detailed report by Judith Sullivan=
, titled: "Study on Copyright Limitations and Exceptions for the Visually I=
mpaired." At the March 10-12, 2008, meeting of the WIPO SCCR, Brazil, Chile=
, Nicaragua and Uruguay presented a new proposal, which elaborated on the p=
roposal by the Delegation of Chile (SCCR/13/5) regarding exceptions and lim=
itations. Several delegations "underlined the need for speedy action to imp=
rove the access of visually impaired persons to protected works." The Nove=
mber 3-7, 2008 meeting of the WIPO SCCR will discuss this topic.
In order to advance the discussions at the SCCR and to provide concrete pro=
posals, the WBU convened an expert group and produced a proposal for a trea=
ty.
Rationale for the Treaty
Today persons who are blind or otherwise reading disabled face enormous obs=
tacles in accessing copyrighted works. In an ideal world, publishers would=
make works available in formats accessible to the blind, visually impaired=
and reading disabled. In practice, this happens only rarely. Even in the =
wealthiest markets,1 less than 5 percent of published books are accessible =
to persons who are blind, and access in developing countries is often more =
limited. At the same time, innovations in information technology have crea=
ted exciting opportunities to expand access. Traditionally, visually impai=
red persons have relied upon audio works that were cumbersome to use, expen=
sive raised paper braille editions of works, and large type books printed o=
n paper.
Today these approaches are being supplemented by a number of new digital te=
chnologies. Using standards like the Digital Accessible Information SYstem=
(DAISY), it is possible to publish works with highly usable indexes and se=
arching technologies that can be used in audio, refreshable raised braille,=
or large type readers. Documents can be distributed at very low costs ove=
r the Internet or cell phone networks. The prices of the new digital readi=
ng devices vary according to functionality and purpose, but are becoming ve=
ry affordable, even in developing countries.
While new technologies make it possible to imagine a world where visually i=
mpaired persons have access to a broad variety of documents at the same tim=
e as sighted people, the out-of-date legal environment is a barrier. Far m=
ore often than not, it is too difficult or impossible to obtain licenses fr=
om copyright owners. Some countries have limitations and exceptions in cop=
yright 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 p=
articular concern to the WBU is the fact that the current regimes of limita=
tions and exceptions do not permit the import and exports of accessible wor=
ks. As a consequence of these factors, the total number of accessible work=
s is very low, particularly in smaller market countries.
The Proposed Treaty
The WBU seeks to greatly expand access to works by a global platform for di=
stributing accessible works. This involves creating a harmonized global mi=
nimum standard for copyright limitations and exceptions for blind, visually=
impaired and reading disabled persons that allows exports and imports of w=
orks in accessible formats to qualified persons. It is anticipated that th=
is will both facilitate greater access to works under copyright limitations=
and exceptions, and also motivate publishers to publish works in accessibl=
e 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 woul=
d have the right to publish and distribute works in accessible formats if f=
our 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 commercia=
l 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 en=
abling access for the visually impaired, and the entity providing this acce=
ssible format gives notice to the owner of copyright of such use and adequa=
te 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 acce=
ss to works currently only available in high-income countries. However, ev=
en developed countries will benefit enormously from the liberalization of a=
ccess to foreign collections of accessible works, and from the expansion of=
the rights for the visually impaired, including in areas such as technolog=
ical protection measures or restrictive contracts. Moreover, given the imp=
ortance of economies of scale, everyone will benefit from the larger global=
market for accessible works.
For more information:
World Blind Union:
Christopher E.B. Friend, Chair, WBU Copyright and Right to Read Working Gro=
up
CFriend@sightsavers.org
Telephone: +44 1444 446 663; mobile: +44 7919 552 170
Knowledge Ecology International:
James Love, Director, james.love@keionline.org
Telephone: +1 202 332 2670, mobile +1.202.361.3040
Manon Ress, Director, Information Society Projects, manon.ress@keionline.or=
g
Telephone: +1 202 332 2670
Thiru Balasubramaniam, Geneva Representative, thiru@keionline.org
Telephone +41 22 791 6727
1 According to the WHO, 90 percent of visually impaired persons live in cou=
ntries with low or moderate incomes.
---
> http://www.keionline.org/misc-docs/tvi/tvi_en.html
World Blind Union Proposal
WIPO Treaty for Improved Access for Blind, Visually Impaired and other Read=
ing Disabled Persons
23 October 2008
Table of Contents
(list of internal links deleted)
Preamble
The Contracting Parties,
Recognizing the importance of accessibility in the process of the equalizat=
ion of opportunities in all spheres of society,
Aware of the many barriers to access to information and communication exper=
ienced by persons who are blind or have limited vision, or have other disab=
ilities regarding access to published works,
Aware that 90 percent of visually impaired persons live in countries of low=
or moderate incomes,
Desiring to provide full and equal access to information and communication =
for the visually impaired,
Recognizing the opportunities and challenges for the visually impaired pres=
ented by the development of new information and communication technologies,=
including technological publishing and communication platforms that are tr=
ansnational in nature,
Recognizing that similar opportunities and challenges are faced by people w=
ith some other disabilities,
Recognizing the need to seek, receive and impart information and ideas thro=
ugh any media and regardless of frontiers,
Aware that national copyright legislation is territorial in nature, and whe=
re activity is undertaken across jurisdictions, uncertainty regarding the l=
egality of activity undermines the development and use of new technologies =
and services that can potentially improve the lives of the visually impaire=
d,
Recognizing the need to introduce new international rules and clarify the i=
nterpretation of certain existing rules in order to provide adequate soluti=
ons to the challenges and opportunities presented by economic, social, cult=
ural and technological developments,
Emphasizing the importance of copyright protection as an incentive for lite=
rary and artistic creation, and as a means to ensure that everyone has the =
opportunity to participate in the cultural life of the community, to enjoy =
the arts and to share in scientific advancement and its benefits,
Recognizing that the ideal is for publishers to make their works accessible=
to people with disabilities at publication and that alternatives are neede=
d to address instances when this does not happen,
Recognizing the need to maintain a balance between the rights of authors an=
d the larger public interest, particularly education, research and access t=
o information, as reflected in the Berne Convention,
Have agreed as follows:
Article 1. Purpose
The purpose of this Treaty is to provide the necessary minimum flexibilitie=
s in copyright laws that are needed to ensure full and equal access to info=
rmation and communication for persons who are visually impaired or otherwis=
e disabled in terms of reading copyrighted works, focusing in particular on=
measures that are needed to publish and distribute works in formats that a=
re accessible for persons who are blind, have low vision, or have other dis=
abilities in reading text, in order to support their full and effective par=
ticipation in society on an equal basis with others, and to ensure the oppo=
rtunity to develop and utilize their creative, artistic and intellectual po=
tential, not only for their own benefit, but also for the enrichment of soc=
iety.
Article 2. Nature and Scope of Obligations
(a) Contracting Parties agree to undertake certain
measures to enable full and equal access to
information and communication for persons who are
visually impaired or have other disabilities in
accessing copyrighted works.
(b) Contracting Parties shall give effect to the
provisions of this Treaty.
(c) Contracting Parties shall be free to determine the
appropriate method of implementing the provisions of
this Treaty within their own legal system and
practice. (Language similar to TRIPS Article 1)
(d) Contracting Parties may, but shall not be obliged to,
implement in their law more extensive protections for
the visually impaired and reading disabled than are
required by this Treaty, provided that such measures
do no not contravene the provisions of this Treaty.
(Language similar to TRIPS Article 1)
(e) Implementation of the Treaty shall be development-
oriented and transparent, taking into account the
priorities and the special needs of developing
countries, as well as the different levels of
development of Contracting Parties. (WIPO Development
Agenda)
(f) Contracting Parties shall ensure that the
implementation allows for timely and effective
exercise of authorized actions covered by this Treaty,
including expeditious procedures that do not in
themselves create barriers to legitimate uses, are
fair and equitable,and are not unnecessarily
complicated or costly, or entail unreasonable time,
time-limits or unwarranted delays. (Language similar
to TRIPS Article 41)
Article 3. Relations to Other Agreements
(a) Contracting Parties agree that the provisions of this
Treaty are consistent with obligations set out under
those of the following treaties and conventions to
which they are a party:
1. the Paris Act of July 24, 1971 of the Berne
Convention for the Protection of Literary and
Artistic Works (the Berne Convention),
2. the WIPO Copyright Treaty 1996 (the WCT),
3. the International Convention for the Protection of
Performers, Producers of Phonograms and
Broadcasting Organisations done in Rome, October
26, 1961 (the Rome Convention),
4. the WIPO Performances and Phonograms Treaty 1996
(the WPPT),
5. the Agreement on Trade-Related Aspects of
Intellectual Property Rights 1994 (the TRIPS
Agreement),
6. the UNESCO Convention on the Protection and
Promotion of the Diversity Of Cultural Expressions,
and
7. the UN Convention on the Rights of Persons with
Disabilities, including but not limited to Articles
21 and 30.
(b) Contracting Parties agree that, to the extent that
this Treaty applies to literary and artistic works as
defined in the Berne Convention, it is a special
agreement within the meaning of Article 20 of that
Convention, as regards Contracting Parties that are
countries of the union established by that Convention.
Article 4. Limitations and Exceptions to Exclusive Rights under Copyright
(a) It shall be permitted without the authorisation of the
owner of copyright to make an accessible format of a
work, supply that accessible format, or copies of that
format, to a visually impaired person by any means,
including by non-commercial lending or by electronic
communication by wire or wireless means, and undertake
any intermediate steps to achieve these objectives,
when all of the following conditions are met:
1. the person or organisation 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.
(b) A visually impaired person to whom a work is
communicated by wire or wireless means as a result of
activity under paragraph (a) shall be permitted
without the authorisation of the owner of copyright to
copy the work exclusively for his or her own personal
use. This provision is without prejudice to any other
limitations and exceptions that a person is able to
enjoy.
(c) The rights under paragraph (a) shall also be available
to for profit-entities and shall be extended to permit
commercial rental of copies in an accessible format,
if any of the following conditions are met:
1. the activity is undertaken on a for-profit basis,
but only to the extent that those uses fall within
the normal exceptions and limitations to exclusive
rights that are permitted without remuneration to
the owners of copyright;
2. the activity is undertaken by a for-profit entity
on a non-profit basis, only to extend access to
works to the visually impaired on an equal basis
with others; or
3. 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.
(d) In determining if a work is reasonably available in
(c)(3), the following shall be considered:
1. for developed economies, the work must be
accessible and available at a similar or lower
price than the price of the work available to
persons who are not visually impaired; and
2. for developing countries, the work must be
accessible and available at prices that are
affordable, taking into account disparities of
incomes for persons who are visually impaired.
Article 5. Acknowledgment and Moral Rights
(a) Where a work or copy of a work is supplied to a
visually impaired person as a result of any activity
under Article 4, mention shall be made of the source,
and of the name of the author as it appears on the
work or copy of the work that the person or
organisation acting under Article 4 has lawful access
to.
(b) Use as permitted by Article 4 shall be without
prejudice to the exercise of moral rights. Article 6.
Circumvention of Technological Measures
Contracting parties shall ensure that beneficiaries of the exception provid=
ed by Article 4 have the means to enjoy the exception where technological p=
rotection measures have been applied to a work, including when necessary th=
e right to circumvent the technological protection measure so as to render =
the work accessible.
Article 7. Relationship with Contracts
Any contractual provisions contrary to the exception provided in Article 4 =
shall be null and void.
Article 8. Imports and Exports of Works
Provided that all the relevant conditions of Article 4 are complied with in=
the exporting and importing countries as appropriate, the following shall =
be permitted without the authorization of the owner of copyright:
1. the export to another country of any version of a
work or copies of the work that any person or
organisation in one country is entitled to possess
or make under Article 4; and
2. the import of that version of a work or copies of
the work by a person or organisation able to act
under the provisions of Article 4 in the other
country.
(Note: see SCCR/15/7, the Sullivan Report, page 119-121)
Article 9. Notice to Right Owners for Commercial Reproduction and Distribu=
tion of Works
In cases involving the reproduction and distribution of works for the visua=
lly impaired under Article 4(c)(3), reasonable efforts should be made to pr=
ovide notice to the owner of a work protected by copyright. Such notice sh=
all include the following:
1. the name, postal address and relevant
telecommunications contact information for the
party exercising their rights to reproduce and
distribute works;
2. the nature of the use of the work, including the
countries where the work is distributed and the
terms under which the works are distributed;
3. information regarding the right of copyright owners
to obtain remuneration for the use of the work, or
to challenge the use, on the grounds that the uses
are not sufficiently restricted to persons who are
visually impaired, or that the work is in fact
reasonably available in an identical or largely
equivalent form enabling its perception by the
visually impaired.
Article 10. Database on Availability of Works
(a) WIPO shall create a database that is accessible
through the Internet and other means, that will allow
copyright owners to voluntarily identify works for
purposes of facilitating the notices obligations in
Article 9 of this Treaty, and to provide information
regarding the availability of a work in forms enabling
its perception by the visually impaired.
(b) After consultation with publishers and visually
impaired persons, WIPO should ensure that the database
includes a standard machine readable code to uniquely
identify works registered in the database. This code
shall be suitable for use in published works in a
variety of formats.
Article 11. Remuneration for Commercial Exploitation of Works.
(a) When implementing Article 4(c)(3), Contracting Parties
shall ensure that there is a mechanism for determining
the level of adequate remuneration to be paid to the
owner of copyright in the absence of voluntary
agreement. In determining adequate remuneration under
Article 4(c)(3), the following principles shall be
followed:
(b) Right owners shall be entitled to remuneration that is
reasonable for normal commercial licensing of works,
regarding the terms normally associated with the
country, population and purposes for which the work is
used, subject to the requirements of Article 11(c).
(c) In developing countries, remuneration should also take
into consideration the need to ensure that works are
accessible and available at prices that are
affordable, taking into account disparities of incomes
for persons who are visually impaired.
(d) It shall be a matter of national law to determine if
remuneration under (a) is waived for works in certain
formats, such as Braille, or for certain qualified
entities.
(e) Persons who distribute works across borders will have
the option of registration for remuneration payments
in a single country, if the mechanism for remuneration
in the country meets the requirements of this Treaty,
and addresses the legitimate concerns of the copyright
owners in terms of transparency, and remuneration is
considered reasonable either for a global license for
works that are distributed globally, or for a license
to use works in specific countries, calibrated for the
countries, users and purposes for which works are
used.
Article 12. Orphaned Works.
(a) It shall be a matter for national law to determine if
certain commercial use of works for which the author
or copyright owner cannot be identified or who do not
respond to notices require payment of remuneration.
(b) In cases where right owners cannot be identified or do
not respond to notices, liability for uses of works
shall not exceed 24 months from the date of use.
Article 13. Respect for Privacy.
In implementing this Treaty, Contracting Parties shall protect the privacy =
of persons who are visually impaired on an equal basis with others. (from A=
rticle 22 of the Convention on the Rights of Persons with Disabilities).
Article 14. Limitations and Exceptions Applied to Non-Copyrighted Elements=
of Databases
The provisions of this treaty shall apply mutatis mutandis to non-copyright=
ed elements of databases.
Article 15. Disabilities Covered
(a) For the purposes of this Treaty, a 'visually impaired'
person is:
1. a person who is blind; or
2. a person who has a visual impairment which cannot
be improved by the use of corrective lenses to give
visual function substantially equivalent to that of
a person who has no visual impairment and so is
unable to access any copyright work to
substantially the same degree as a person without a
disability.
(b) Contracting Parties shall extend the provisions of
this Treaty to persons with any other disability who,
due to that disability, need an accessible format of a
type that could be made under Article 4 in order to
access a copyright work to substantially the same
degree as a person without a disability. Article 16.
Additional Definitions
For the purposes of this Treaty:
'Work' means any work of a type in which copyright could subsist whether or=
not such protection is provided by national laws or was provided but has e=
xpired, and includes literary, dramatic, musical and artistic works, databa=
ses and films.
'Owner of copyright' includes any person or body which can control access t=
o a work by the exercise of exclusive rights or through other means, even w=
here copyright does not subsist or no longer subsists.
'Exclusive rights' mean any rights provided in accordance with the other ag=
reements identified in Article 4 or otherwise and includes the rights of re=
production, adaptation, and distribution and communication by wire or wirel=
ess means to the public.
'Accessible format' means an alternative manner or form which gives a visua=
lly impaired person or reading disabled person access to the work, includin=
g to permit a person with a visual impairment to have access as flexibly an=
d comfortably as a person without a visual impairment.
'Accessible formats' shall include, but not be limited to, large print, wit=
h different typefaces and sizes all being permitted according to need, Brai=
lle, audio recordings, digital copies compatible with screen readers or ref=
reshable Braille and audiovisual works with audio description. It shall al=
so be understood that whether a format is accessible or not will vary depen=
ding on the purpose for which the work is to be used and so, for example, a=
n audio recording of a book without indexing may be accessible for a visual=
ly impaired person listening for pleasure but not where a visually impaired=
person needs access for the purposes of study.
'Lawful access' means access provided by or with the permission of the copy=
right owner or through other legal means.
References to 'copyright' include copyright and any relevant rights related=
to copyright that are provided by a Contracting Party in compliance with t=
he Rome Convention, the TRIPS Agreement, the WPPT or otherwise, and referen=
ces to the 'owner of copyright' and 'author' shall be construed accordingly=
.
'Database' means a collection of independent works, data or other materials=
arranged in a systematic or methodical way and capable of being individual=
ly accessed by electronic or other means.
Article 17. Conference of Parties
(a) A Conference of Parties shall be established among the
Contracting Parties. The Conference of Parties shall
be the plenary and supreme body of this Treaty.
(b) The Conference of Parties shall meet in ordinary
session every five years. It may meet in
extraordinary session if it so decides or upon request
to that effect from at least one-quarter of the
Parties.
(c) The Conference of Parties shall adopt its own rules of
procedure.
(d) The functions of the Conference of Parties shall be,
inter alia:
1. ........
2. to consider possible measures to enhance the
implementation or modify this Treaty, including the
development of optional protocols.
3. to take whatever other measures it may consider
necessary to further the objectives of this Treaty.
Article 18. Optional Protocols
Contracting Parties shall have the right to propose optional protocols for =
this Treaty, to address measures such as:
1. harmonized obligations or offers to promote
standards, interoperability requirements, or
regulatory measures to enhance access to works and
communications;
2. collaborative funding to support the digitalization
and distribution of works; and or
3. other measures that are necessary to achieve
greater equality of access to knowledge and
communications.
Article 19. Reservations
Any Contracting Parties may declare that it declines to implement Article 4=
(c)(3) of the Treaty.
Article 20. Monitoring and Implementation
Every three years WIPO shall solicit voluntary contributions from Contracti=
ng Parties and other possible donors in order to finance one or more studie=
s of the implementation of this Treaty.
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> http://www.keionline.org/index.php?option=3Dcom_content&task=3Dview&id=3D=
206
WBU Proposal for a Treaty for Blind, Visually Impaired and other Reading Di=
sabled Persons
Additional information about this topic is available on the main KEI projec=
t page on the treaty for blind, visually imparied and reading disabled pers=
ons, here (http://www.keionline.org/content/view/210/).
On July 24-25, 2008, the World Blind Union and KEI convened an expert group=
to consider a possible treaty for blind, visually impaired and other readi=
ng disabled persons. The meeting was held in Washington, DC.
There is a one page talking points memo in English (http://www.keionline.or=
g/misc-docs/tvi/tvi_tp.html), and the proposed Treaty text, as a three page=
memo discussing the proposal. These documents are available in English, F=
rench and Spanish, in several document formats.
The English version of the proposed Treaty text is available in DAISY forma=
t from the DAISY Consortium here (http://www.daisy.org/news/news_detail.sht=
ml?NewsId=3D458&PHPSESSID=3Da4f5ff7ee5746f300a5035559c6d46e7).
Expert Meeting Report
Report from the July 24-25, 2008 expert group meeting is available in Engl=
ish, in html (http://www.keionline.org/misc-docs/tvi/meeting_report.html), =
pdf (http://www.keionline.org/misc-docs/tvi/meeting_report.pdf), Microsoft =
.doc (http://www.keionline.org/misc-docs/tvi/meeting_report.doc) or open do=
cument odt (http://www.keionline.org/misc-docs/tvi/meeting_report.odt) form=
ats.
Proposed Treaty Text
English
DAISY format from the DAISY Consortium here (http://www.daisy.org/news/news=
_detail.shtml?NewsId=3D458&PHPSESSID=3Da4f5ff7ee5746f300a5035559c6d46e7). =
The text is also available in html, pdf, doc, odt and docbook formats:
http://www.keionline.org/misc-docs/tvi/tvi_en.html
http://www.keionline.org/misc-docs/tvi/tvi_en_pdf.pdf
http://www.keionline.org/misc-docs/tvi/tvi_en_doc.doc
http://www.keionline.org/misc-docs/tvi/tvi_en_doc_notoc.doc
http://www.keionline.org/misc-docs/tvi/tvi_en_odt.odt
http://www.keionline.org/misc-docs/tvi/tvi_en_docbook.xml
French
http://www.keionline.org/misc-docs/tvi/tvi_fr.html
http://www.keionline.org/misc-docs/tvi/tvi_fr_pdf.pdf
http://www.keionline.org/misc-docs/tvi/tvi_fr_doc.doc
http://www.keionline.org/misc-docs/tvi/tvi_fr_doc_notoc.doc
http://www.keionline.org/misc-docs/tvi/tvi_fr_odt.odt
http://www.keionline.org/misc-docs/tvi/tvi_fr_docbook.xml
Spanish
http://www.keionline.org/misc-docs/tvi/tvi_es.html
http://www.keionline.org/misc-docs/tvi/tvi_es_pdf.pdf
http://www.keionline.org/misc-docs/tvi/tvi_es_doc.doc
http://www.keionline.org/misc-docs/tvi/tvi_es_odt.odt
Three Page Memo
In English
http://www.keionline.org/misc-docs/tvi/tvi_memo_en.html
http://www.keionline.org/misc-docs/tvi/tvi_memo_en_doc.doc
http://www.keionline.org/misc-docs/tvi/tvi_memo_en_pdf.pdf
http://www.keionline.org/misc-docs/tvi/tvi_memo_en_odt.odt
In French
http://www.keionline.org/misc-docs/tvi/tvi_memo_fr.html
http://www.keionline.org/misc-docs/tvi/tvi_memo_fr_doc.doc
http://www.keionline.org/misc-docs/tvi/tvi_memo_fr_pdf.pdf
http://www.keionline.org/misc-docs/tvi/tvi_memo_fr_odt.odt
In Spanish
http://www.keionline.org/misc-docs/tvi/tvi_memo_es.html
http://www.keionline.org/misc-docs/tvi/tvi_memo_es_doc.doc
http://www.keionline.org/misc-docs/tvi/tvi_memo_es_pdf.pdf
http://www.keionline.org/misc-docs/tvi/tvi_memo_es_odt.odt
WIPO Delegates
Here is a list of the delegates to the March 10-12, 2008, 16th Session of t=
he WIPO Standing Committee on Copyright (http://www.keionline.org/misc-docs=
/tvi/wipo_delegates_sccr16.html).
Last Updated ( Thursday, 30 October 2008 )
---
> http://www.keionline.org/content/view/210/
WIPO Treaty for Blind, Visually Impaired and other Reading Disabled Persons
The World Blind Union Proposal
* On July 24-25 2008, the World Blind Union (WBU) and KEI
convened an experts meeting to consider a possible WIPO
Treaty for Improved Access for Blind, Visually Impaired
and other Reading Disabled Persons. A report of the
meeting is available in html
(http://www.keionline.org/misc-
docs/tvi/meeting_report.html), pdf
(http://www.keionline.org/misc-
docs/tvi/meeting_report.pdf), Microsoft .doc
(http://www.keionline.org/misc-
docs/tvi/meeting_report.doc) or open document .odt
(http://www.keionline.org/misc-
docs/tvi/meeting_report.odt) formats.
* The text of the WBU proposal for a treaty is available
here in English, French and Spanish
(http://www.keionline.org/content/view/206/). The
English version is available in DAISY format from the
DAISY Consortium website
(http://www.daisy.org/news/news_detail.shtml?NewsId=3D458&
PHPSESSID=3Da4f5ff7ee5746f300a5035559c6d46e7).
* A good explanation of the proposal is found in the
October 28, 2008 letter from Christopher E.B. Friend,
Chair, of the WBU Copyright and Right to Read Working
Group, to WIPO Director General Francis Gurry
(http://www.keionline.org/misc-
docs/tvi/wbu_coverletter_gurry.pdf).
* A summary of discussions at WIPO on access for blind,
visually impaired and other reading disabled persons,
dating back to 2002, is available here
(http://www.keionline.org/content/view/213/).
Background Documents
* WIPO will be holding a Standing Committee on Copyright
and Related Rights (SCCR) meeting November 3-7, 2008,
where this topic may be discussed. A list of the country
delegates to the previous SCCR meeting are available
here (http://www.keionline.org/misc-
docs/tvi/wipo_delegates_sccr16.html).
o The November 4, 2008 presentations by Judith Sullivan
at the WIPO SCCR 17, in powerpoint
(http://www.wipo.int/%E2%80%8Bedocs/mdoc%E2%80%8Bs/cop
yrigh%E2%80%8Bt/en/sccr_%E2%80%8B17/sccr_17%E2%80%8B_w
ww_11145%E2%80%8B3.ppt) and pdf
(http://www.wipo.int/edocs/mdocs/copyright/en/sccr_17/
sccr_17_www_111453.pdf).
* The March 2008 Proposal by Brazil, Chile, Nicaragua and
Uruguay for Work Related to Exceptions and Limitations,
(SCCR/16/2)
(http://www.wipo.int/meetings/en/html.jsp?url=3Dhttp://www
.wipo.int/edocs/mdocs/copyright/en/sccr_16/sccr_16_2.doc)
* The February 2007 Judith Sullivan's excellent WIPO Study
on Copyright Limitations and Exceptions for the Visually
Impaired (SCCR/15/7)
(http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=3D
75696).
* The November 2005 Proposal by Chile on the Analysis of
Exceptions and Limitations (SCCR/13/5)
(http://www.wipo.int/edocs/mdocs/copyright/en/sccr_13/sc
cr_13_5.pdf)
* The 2003 WBU submissions to WIPO are detailed here
(http://www.wipo.int/documents/en/meetings/2003/digvi_im
/pdf/digvi_im_03_mann.pdf) and here
(http://www.wipo.int/edocs/prdocs/en/2003/wipo_pr_2003_3
66.html).
* KEI will soon have a page on national copyright
exceptions here <Ctrl-W>.
Press coverage and blogs
* Available here (http://www.keionline.org/content/view/211/).
Groups supporting the WBU proposal:
* Benetech / Bookshare.org letter of "strong support" for
a WIPO treaty for the visually impaired is available
here (http://www.keionline.org/content/view/209/).
* Vision Australia's letter to the Australian delegation
supporting WBU's proposal for a WIPO treaty for the
visually impaired is available here
(http://www.keionline.org/content/view/212/).
* Letter to Canadian delegation from CNIB president Jim
Sanders (http://www.keionline.org/blogs/2008/10/31/cnib-
on-proposed-wipo-treaty-for-reading-disabled/).
* Letter from Tiflolibros (Argentina) to the governments
of Argentina, Uruguay, Peru, Mexico, Ecuador and Cuba
(http://www.keionline.org/blogs/2008/10/30/tiflolibros-
argentina-on-wbu-proposal-for-wipo-treaty/)
* Chilean NGO Derechos Digitales's request to the Chilean
Ministry of Foreign Affairs
(http://www.derechosdigitales.org/wp-
content/uploads/2008/10/carta-de-dd-a-rree.rtf)
* Chilean National Blind Organization's letter to the
Chilean government
(http://www.keionline.org/blogs/2008/10/31/chilean-
blind-organization-requests-support-to-the-wbu-treaty-
proposal/)
* Letter from ONCE, the National Organization of the
Spanish Blind, to the Spanish government requesting
support for the WBU WIPO treaty proposal
(http://www.keionline.org/misc-docs/tvi/once_on_tvi.pdf)
* Letter from Indian civil society to the Indian
government
(http://www.keionline.org/blogs/2008/11/03/indian-civil-
society-representing-the-blind-the-disabled-and-the-
public-interest-petition-the-indian-government-on-the-
tvi/)
General studies and papers on copyright limitations and exeptions
* P. Bernt Hugenholtz & Ruth L. Okediji), Conceiving an
International Instrument on Limitations and Exceptions
to Copyright , Study supported by the Open Society
Institute (OSI), 6 March 2008
(http://www.ivir.nl/publications/hugenholtz/limitations_
exceptions_copyright.pdf).
* Study on Copyright Limitations and Exceptions for
Libraries and Archives, (SCCR/17/2), August 26, 2008. P
repared by Kenneth Crews, Director, Copyright Advisory
Office, Columbia University
(http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=3D
109192).
* WIPO Study on Limitations and Exceptions of Copyright
and Related Rights in the Digital Environment,
(SCCR/9/7), April 5, 2003. Prepared by Mr. Sam
Ricketson, Professor of Law, University of Melbourne and
Barrister, Victoria, Australia
(http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=3D
16805).
* Automated Rights Management Systems and Copyright
Limitations and Exceptions, (SCCR/14/5), April 27, 2006.
Prepared by Nic Garnett, Principal Consultant,
Interight.com, for the World Intellectual Property
Organization (WIPO)
(http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=3D
59952).
--