[A2k] TWN INFO: Support for instrument on copyright exceptions, reading-disabled treaty

[Sangeeta]

Support for instrument on copyright exceptions, reading-disabled treaty
 SUNS #6709 Friday 29 May 2009

Geneva, 28 May (Asmeret Asghedom) -- Developing countries, at the eighteenth
session of the WIPO Standing Committee on Copyright and Related Rights
(SCCR), showed support for a mandatory international instrument on minimum
exceptions and limitations (E&L) to copyright to infuse balance into the
present copyright system which in recent years has titled in favour of
rights holders.

Brazil, Ecuador and Paraguay on Wednesday also proposed a "Treaty for
Improved Access for Blind, Visually Impaired and other Reading Disabled
Persons", as an example of norm-setting activity in the field of E&L to
copyright.

It received broad support from developing countries and public interest
groups.

The text of the proposed treaty is one that was proposed by the World Blind
Union (WBU) at last November's SCCR meeting. The proposed treaty is intended
to facilitate and enhance access to protected works for the blind, visually
impaired, and other reading-disabled persons.

The proposed treaty is historic in WIPO, as it proposes carving out minimum
E&L in the interest of the public, as opposed to giving more rights to the
right-holders, which is usually the subject of discussion at the SCCR.

The issue of E&L gained momentum following a proposal by Brazil, Chile,
Nicaragua and Uruguay at the sixteenth SCCR meeting (in July 2008) that the
SCCR be committed to creating mandatory minimum E&L through means it deems
appropriate. The sixteenth session of the SCCR was the first meeting to
formally include the E&L on the Committee's agenda.

In a note attached to their proposal, the proponents of the treaty state
that by undertaking such an initiative, "WIPO would act in accordance with
the efforts undertaken by the UN to address the need for enhancing access to
knowledge for the most vulnerable or socially prioritized sectors".

"Establishment of formal negotiations on limitations and exceptions would
contribute to the broader aims of the Development Agenda, particularly the
ones related to norm-setting," the note further adds.

Generally, the proposed treaty received strong support from developing
countries and public interest groups. Some countries proposed launching
negotiations on the basis of the proposed treaty.

The African Group sought an even more ambitious action on E&L, suggesting a
broader treaty framework that would reflect the Development Agenda and
include elements such as access to knowledge in the areas of education,
research and transfer of technologies.

In introducing the proposed treaty on Wednesday, Brazil said that its
proposal was an example of norm-setting for E&L for copyright for persons
with disabilities, libraries and archives, educational activities and to
foster technological innovations. It also said that the "text was not set in
stone", adding that there was "consensus in the field of values" and "what
we need now is the political will and a pragmatic spirit".

Ecuador, another proponent of the proposed treaty, said that the proposal
was aligned with the objectives in the UN Convention on the Rights of
Persons with Disabilities - i. e. "to promote, protect and ensure the full
and equal enjoyment of all human rights and fundamental freedoms by all
persons with disabilities, and to promote respect for their inherent
dignity".

It added that the success of the IP system relies on the balance between
public and private interest and that the best way to broker the balance was
to develop E&L.

It also said that there were 37 million blind people and 124 million people
with low vision worldwide. 90 % of the visually impaired persons (VIP) live
in developing countries, it added.

Paraguay said that it was convinced of the need to expand the proposed
treaty to other groups with special needs. "We want to see a strong debate
on this subject," it added.

Developing countries showed broad support for discussions on mandatory
international instruments on minimum exceptions and limitations (E&L) to
copyright, including the proposed treaty in the SCCR.

Uruguay, Chile, El Salvador, Argentina, Costa Rica and Jamaica were among
some of the countries that were supportive of the proposed treaty. Some of
these countries pushed for negotiations to begin on the proposed treaty,
pointing out that WIPO as a specialized member of the UN is the suitable
forum for such negotiations since the contents are compatible with the UN
Convention on the Rights of Persons with Disabilities.

India was also supportive of the proposed treaty, stressing the need to move
forward to have international binding obligations in the area of E&L.

Members of the African Group expressed support and openness toward the
proposal set forth by the three Latin American countries, although they were
of the view that the treaty should take a more inclusive approach with
regards to norm-setting in the area of E&L, and also include elements
pertaining to technology transfer, education, libraries, distance learning,
etc.

Senegal, on behalf of the African Group, stressed the need to frame the
treaty to reflect the Development Agenda and include elements such as access
to knowledge in the areas of education, research and transfer of
technologies. It requested for more time to analyze the proposal and consult
relevant officials and stakeholders.

Developed countries were more cautious in their interventions. While they
were in favour of finding solutions for the reading disabled, there was no
explicit support for an international legally-binding instrument on the
matter or on other E&Ls. In fact, more studies and national solutions were
stressed upon.

Germany, on behalf of Group B (composed of developed countries), said the
issues were complex as it included a mix of legal, business and economic
issues, thus, the solution would also be complex. It said that there was a
need to find effective, practical and timely solutions for the VIP, adding
that it would need further time to consider the document.

Switzerland urged the Secretariat to come up with information on existing
national E&L and recommendations for solutions for the VIP.

Japan said that it was committed to improving access for the VIP, but
stressed on intensive dialogue with stakeholders to improve access. It said
that due to time constraints, it was unable to make comments on the
proposal. It also stressed on diverse approaches to improve access to
knowledge.

The Czech Republic, speaking on behalf of the European Community, sought
more time to study the proposed treaty. +