[A2k] CCIA Statement on VIP at SCCR 19

[Nick Ashton-Hart]

Here's the Statement of the Computer and Communications Industry
Association (www.ccianet.org) on the SCCR agenda item on L&Es for the
visually impaired, which I had the honour to deliver on Dec. 15th:

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CCIA offers its congratulations to you on your re-election, Mr.
Chairman, and the election of the vice-chairs. We also welcome
Ambassador Clarke to his post and are sure his leadership will prove to
be widely admired.

The Computer and Communications Industry Association=92s members represent
a broad cross-section of the information and communications technology
(ICT) industries; our members collectively generate more than $200
billion in annual revenues. They thus have a substantial stake in the
effective operation of the international system of copyright and related
rights.

Today, there is work to be done to make the legacy of the Berne
Convention more effective, and more relevant, and to foster greater
appreciation for its value. In that vein, Mr. Chairman, we believe that
the time has come for this committee to formally consider the promotion
of international norms to effectively address the copyright concerns
articulated by advocates for people with visual impairments, and where
necessary other populations who are impaired in their ability to access
copyrighted works.

Voluntary stakeholder agreements, while critical to the success of the
task, cannot realistically be expected to solve all problems. The fact
that such a tiny proportion of all publications available are accessible
to people with visual impairments suggests strongly that exclusive
rights are not presently promoting access to communities in need.

Since 1983, WIPO has periodically published model laws regarding
copyright exceptions for persons who are blind or have other
disabilities. While we appreciate the concern that proposed treaty
negotiations would take place while voluntary measures are being
discussed, voluntary agreements or model laws must be viewed as a
complement to, and not a substitute for, binding international norms.
Just as WIPO=92s models laws complement the 1996 Internet Treaties, so too
could model laws complement a WIPO instrument designed to increase
access for people with visual impairments. Moreover, the global nature
of problems relating to cross-border export and import of works, for
example, demonstrate a need for international harmonization of minimum
levels of access.

Aside from the compelling case for action that advocates have made on
grounds both moral and practical, Mr. Chairman, we believe the failure
of the international community to solve a problem so widely recognized
as real, pressing, and valid may well cause some to question whether the
international community is capable of solving any copyright problem
through a multilateral process. Prompt action =96 in whatever form it may
take =96 will send a strong, positive signal that the copyright system can
function productively in response to international problems that limit
access to knowledge. A positive result will build confidence in
multilateral processes in this field of policy, and restore faith in the
credibility of the intellectual property system as an engine of progress.

We stand ready to assist the SCCR=92s work in this area, Mr Chairman, and
thank you for your attention.


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Regards,

Nick Ashton-Hart

Consensus Optimus sarl

Tel: +33 (450) 42 81 83

USA Tel: +1 (202) 657-5460

Fax: : +41 (22) 594-85-44

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email: nashton@consensus.pro

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Online Bio: https://www.linkedin.com/in/ashtonhart


Instead of sending cards to celebrate the festive season in December,
we've made a donation to Medecins sans Frontieres (www.msf.org) in the
name of our clients and friends.