[A2k] 1982 WIPO UNESCO Report in 4 formats

Mon Jun 1 11:09:05 2009

Jamie thanks for unearthing this one - it is a good piece of background
evidence.

Claude thanks for the accessible copies.

Chris.

-----Original Message-----
From: a2k-admin@lists.essential.org [mailto:a2k-admin@lists.essential.org]
On Behalf Of James Love
Sent: 31 May 2009 14:37
To: a2k
Subject: [A2k] 1982 WIPO UNESCO Report in 4 formats

Claude Almansi has created a more accessible text version of the 1982
WIPO/UNESCO report.  Below is the text of the 1982 report, plus links to th=
e
report in 4 different formats:

Tagged and searchable pdf file:
http://www.keionline.org/misc-docs/tvi/berne_1982_wipo_unesco.pdf

html version:
http://www.keionline.org/misc-docs/tvi/berne_1982_wipo_unesco.html

Open Document format:
http://www.keionline.org/misc-docs/tvi/berne_1982_wipo_unesco.odt

Photo copy of original report:
http://www.keionline.org/misc-docs/tvi/1982_report.pdf

-------------
The following is the text of the 1982 report.

Berne Union =96 page 354

Working Group on Access by the Visually and Auditory Handicapped to Materia=
l
Reproducing Works Protected by Copyright (Paris, October 25 to 27, 1982)

Report

Introduction

1. The Working Group on Access by the Visually and Auditory Handicapped to
Material Reproducing Works Protected by Copyright met at Unesco House,
Paris, from October 25 to 27, 1982.

2. The said Working Group (hcreinafter referred to as "the Working
Group") was convened jointly by the Director-General of Unesco and the
Director General of WIPO in pursuance of the decision taken by the
respective Governing Bodies of Unesco and WIPO and the recommendation made
by the Executive Committee of the Berne Union and the Intergovernmental
Committee of the Universal Copyright Convention at their November-December
1981 sessions.

3. The purpose of the Working Group was to consider the possibility of usin=
g
the exceptions provided in the international copyright conventions and
prepare a sample model legislation containing special provisions governing
the access by handicapped persons to the works protected by copyright.

4. Of the six experts who were invited in their personal capacity, four
experts attended the meeting of the Working Group. Representatives of the
International Publishers Association (IPA) and the World Council for the
Welfare of the Blind (WCWB) also attended the meeting in an advisory
capacity. Eight international non-governmental organizations were
represented by observers. The list of participants appears as Annex Il to
this Report.

5. The working paper available to the Working Group was a study prepared, a=
t
the request of the Secretariat of Unesco and the International Bureau of
WIPO, by Mrs. Wanda M. Noel (Canada) (document Unesco/WIPO/WGH/I/2).

Opening of the Meeting

6. The meeting was opened by Miss M.-C. Dock, Director, Copyright Division
of Unesco, who welcomed the participants on behalf of the Director General
of Unesco and the Director General of WIPO.
Election of Chairman

7. As proposed by Mr. Y. Oyama and seconded by Mr. P. Salinas, Mr. M.
Ficsor was unanimously elected as Chairman of the Working Group.
Consideration of the Study

8. Several participants expressed their appreciation for the study prepared
by Mrs. W.M. Noel on the subject.

9. It was generally understood that the model provisions to be elaborated
should reflect a proper balance between the needs of handicapped persons an=
d
the legitimate interests of copyright owners. In this connection, it was
emphasized that the problem under consideration was of a social nature and
that the authors and copyright owners should not be the only ones to bear
the burden of its solution.

10. It was also generally agreed that the opinion according to which
copyright as such is considered an obstacle for the handicapped was not the
right approach to the problem, and that only some unnecessary obstacles suc=
h
as those of procedural nature should be removed.

11. The attention of the Working Group was drawn to the particular situatio=
n
in developing countries, where the funds needed for assistance to
handicapped persons might be insufficient and where the time needed for
obtaining the necessary permission from copyright owners might be longer
than elsewhere.

Berne Union =96 page 355

12. Some representatives of international nongovernmental organizations
expressed their concerti about possible consequences of the adoption of a
special system of legal licenses which would undermine the basic principle
of the exclusive right of authors. They were in favor of a solution which
would include the possibility of negotiation, either on an individual or on
a collective basis.

13. Many participants expressed the fear- that the copies of works intended
for use by handicapped persons might also be used by the general public. In
view of that, the Working Group took the position that appropriate
guarantees should be provided in order to prevent such unauthorized use.

14. Another difficulty, mentioned was the possibility of private copying,
particularly in the case of audiovisual works, the market of which was bein=
g
increasingly characterized by rental practices instead of sale. In this
connection, reference was also made to technical devices making the copies
intended for the handicapped not accessible to other persons.

15. Lastly, the Working Group took into consideration the important fact
that the number of handicapped persons in each country was relatively small
and therefore the market for materials intended for then limited.
This fact seemed to the experts to fully justify the exceptions which are
explained in the following paragraphs.
Elaboration of Model Provisions

16. Taking into account the views expressed by the participants, the Workin=
g
Group decided to redraft the draft Model Provisions proposed in the study s=
o
as to deal separately with reproduction of published works in braille and
with the reproduction in 1arge print or by sound recording or the
broadcasting by means of a radio-reading service for the needs of
visually-handicapped persons. The redrafted model provisions are reproduced
in Annex 1 to this Report.

17. As it was suggested in the study and agreed upon by the experts,
Alternative A as redrafted provides for certain cases of free use of
published works for the needs of visually-handicapped persons but the
legislation on the matter is subject to the obligations of a given State
under international copyright conventions. If such use is provided for unde=
r
national legislation, two solutions may be previewed with regard to the
persons or organizations rendering a work accessible to visually-handicappe=
d
persons: it may be either any person or organization or only those
determined in corresponding regulations. It is expressly specified that the
activity of such persons or organizations must not be gainful. The free
reproduction in large print, sound recordings and broadcast by means of a
radio-reading service is conditional also upon the decision of the competen=
t
authority, which should be determined in the regulations and upon
appropriate guarantees that the work will be used only for the needs of
visually-handicapped persons.  These guarantees may include undertaking of
practical or technical measures to exclude accessibility to the general
public of the work thus used.

18. Although the experts were generally in favor of recommending Alternativ=
e
A to be used by national legislation, they decided to provide also for
Alternative B which relates to the same uses mentioned in the preceding
paragraph, but against payment of remuneration. The conditions under which
such uses may be effected are virtually the same as in the above paragraph
except that payment of remuneration must be in accordance with the procedur=
e
set out in the regulations. Such a procedure may be compulsory licensing
where the amount of remuneration may be negotiated by the interested partie=
s
before a decision by a competent authority is taken in this respect, or
legal licensing where the amount of remuneration is established in the
regulations or otherwise prescribed.

19. It is not excluded that some States might prefer to combine the two
Alternatives in order, for example, to provide for free reproduction of
works in braille and for non-voluntary licenses in respect of other uses.

20. As regards the making of captions for auditory handicapped in the case
of films and other audiovisual works, the Working Group agreed with the
statement made in the study referred to above that the making of such
captions involved the right of adaptation. It therefore was of the opinion
that it would be incompatible with both the national legislation of the
majority of countries and the international copyright conventions to provid=
e
for any kind of exceptions or non-voluntary licensing in respect of such
use.

21. The representative of one of the international non-governmental
organizations raised the question whether the Model Provisions contained in
Alternatives A and B should also be extended to the category of otherwise
physically handicapped persons who are unable to have access to protected
works in the usual way. In the opinion of the Working Group this question
was not covered by its terms of reference, although it recognized that such
a problem did exist and therefore should be further considered.
Adoption of the Report and Closing of the Meeting

22. The Working Group unanimously adopted this Report.

23.After the usual thanks, the Chairman declared the meeting closed.

Berne Union =96 page 355

ANNEX I

Model Provisions Concerning the Access by Handicapped Persons to the Works
Protected by Copyright

Alternative A

=09Article ... (1) It shall be permitted, subject to the obligations
under the international conventions, for any person or organization [as
determined in the regulations], without the consent of the author and
without payment of remuneration, to reproduce in braille any published work
or authorized translation thereof for the purpose of rendering the work
accessible to visually-handicapped persons, provided there is no motive of
commercial gain.

=09(2) The competent authority [as determined in the regulations] may
permit any person or organization [as determined in the regulations, withou=
t
the consent of the author and without payment of remuneration, to reproduce
in large print or by sound recording or to broadcast by means of a
radio-reading service any published work or authorized translation thereof
for the purpose and subject to the conditions determined in paragraph (1),
if there are appropriate guarantees that the work will be used only for the
needs of visually-handicapped persons.

Alternative B

=09Article ... (1) It shall be permitted, subject to the obligations
under the international conventions, for any person or organization [as
determined in the regulations], against payment of remuneration [in
accordance with the procedure set out in the regulations], to reproduce in
braille any published work or authorized translation thereof for the purpos=
e
of rendering the work accessible to visually-handicapped persons, provided
there is no motive of commercial gain.

=09(2) The competent authority [as determined in the regulations] may
permit any person or organization [as determined in the regulations],
against payment of remuneration [in accordance with the procedure set out i=
n
the regulations], to reproduce in large print or by sound recording or lo
broadcast by means of a radio-reading service any published work or
authorized translation thereof for the purpose and subject to the condition=
s
determined in paragraph (1), if there are appropriate guarantees that the
work will be used only for the needs of visually-handicapped persons.

ANNEX II

List of Participants

I. Invited Experts

M. Claude Colombet
=09Professeur =E0 la Facult=E9 de droit de Paris-Sud (France)

M. Mih=E1ly Ficsor
=09Directeur g=E9n=E9ral, Bureau hongrois pour la protection des droits
d'auteur, (ARTISJUS)

M. Imaila Konat=E9 (absent)
=09Pr=E9sident, Association malienne pour la promotion sociale des
aveugles

Mr. Yukifusa Oyama
=09Copyright Adviser, Agency for Cultural Affairs (Japan)

M. Mohammed Rajhi (absent)
=09Pr=E9sident, Union nationale des aveugles de Tunisie

Mr. Pedro Antonio Salinas Jaramillo
=09National Super-visor of Special Education Instituto Paname=F1o de
Habilitaci=F3n Especial

II. International Non-Governmental Organizations

(a) Attending the meeting in an advisory capacity

International Publishers Association (IPA): J.A. Koutchoumow. World Council
for the Welfare of the Blind (WCWB): D. de Gouv=E9a Nowill; L.
Vecera.

(b) Observers

European Broadcasting Union (EBU): R. Laurent. International Confederaion o=
f
Societies of Authors and Composers (CISAC): M.
Pickering. Interational Copyright Society (INTERGU): G. Halla.
lnternational Federation of Journalisty (IFJ): S.O. Gr=F8nsund.
International Federation of Library Associations and lnstitutions
(IFLA): M. Wijnstroom; F. H=E9bert. International Federation of Phonogram a=
nd
Videogram Producers (IFPI): E. Thompson. International Literary and Artisti=
c
Association (ALAD): D. Gaudel. International Music Council
(IMC): N.L. Wallin.

III. Secretariat

United Nations Educational, Scientific and Cultural Organization
(UNESCO)
M.-C. Dock (Director, Copyright Division)-, E. Guerassimov (Lawyer,
Copyright Division).

World Intellectual Property Organization (WIPO) M. Stojanovic (Head.
Copyright Legislation and Periodicals Section, Public Information and
Copyright Department.

--
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

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