[A2k] Bridges: WIPO Copyright Body Takes up Limitations and Exceptions, with a Focus on the Visually Impaired

[Judit Rius Sanjuan]

http://ictsd.net/i/news/bridgesweekly/47862/

Bridges Weekly Trade News Digest =95 Volume 13 =95 Number 20 =95 3rd June 2=
009
WIPO Copyright Body Takes up Limitations and Exceptions, with a Focus
on the Visually Impaired
Volume 13 Number 20

The recently concluded meeting of WIPO=92s Standing Committee on
Copyright and Related Rights (SCCR), 25-29 May, took up issues such as
a new treaty for blind and visually impaired persons, in addition to
its ongoing work on limitations and exceptions as well as on the
protection of audio-visual performances and of broadcasting
organisations.

Brazil, Ecuador and Paraguay tabled a draft treaty on limitations and
exceptions for the blind and visually impaired. It is the first time,
in recent years, that a group of countries has proposed a treaty at
WIPO that, rather than expanding the scope of intellectual property
protection, seeks to strengthen the rights of users and consumers=96 in
this case, the blind and visually impaired. After intense discussions,
it was agreed that the proposal from Brazil, Ecuador and Paraguay,
together with proposals made by other countries, will be discussed at
the next session of the Committee.

The proposed treaty was elaborated and first presented by the World
Blind Union (WBU) at the session of the WIPO Copyright committee held
last November. The WBU is a non-governmental organisation established
in 1984 representing over 160 million blind and partially sighted
persons in 177 countries.

Access by the blind and the visually impaired to works protected by
copyright has been a long-standing issue on the international
copyright agenda. As early as 1982, WIPO and the UN Educational,
Scientific and Cultural Organisation set up a working group to examine
the matter.

According to its proponents, the treaty is urgently needed to provide
a minimum standard for limitations and exceptions for the blind and
the visually impaired as well as to allow and encourage the export and
import of works published in accessible formats. They pointed out that
in developed countries less than 5 percent of published books are
accessible to persons who are blind or visually impaired, and access
in developing countries is often even more limited.

The proponents also highlighted that by undertaking such an
initiative, WIPO would act in accordance with the efforts of the
United Nations to address the needs for enhancing, access to knowledge
for the most vulnerable or socially prioritised sectors. In
particular, the UN Convention on the Rights of Persons with
Disabilities, which entered into force in  2008, states in Article 9
that =93..States Parties shall take appropriate measures to ensure to
persons with disabilities access, on an equal basis with others, to
the physical environment, to transportation, to information and
communications=85=94

Developing countries and non-governmental organisations widely
supported the discussion of the proposed treaty. Brazil, in
introducing it, emphasised that it represented an example of norm-
setting in the field of limitations and exceptions to copyrights for
persons with disabilities, for libraries and archives, for educational
activities and for fostering technological innovations.

According to a Brazilian delegate the =93objective is to set a precedent
in intellectual property norm-setting, through an instrument on
limitations and exceptions relating to  the rights of users and
addressing, in this case, the needs of blind and visually impaired
persons for access to copyrighted works.=94

African countries emphasised during the discussions that the proposed
treaty should be considered as just one part of a more global and
inclusive framework that would also include limitations and exceptions
for education, research and libraries. Ultimately, the Committee
reaffirmed its commitment to work =93without delay=94 on the basis of =93a
global and inclusive approach.=94

Developed countries, including the United States, European countries,
Canada and Australia, recognised the problems faced by the blind and
the visually impaired in accessing copyrighted works and indicated
their readiness to find effective and practical solutions to complex
problems. However, they were more circumspect about the proposed
treaty. They indicated that deliberations on such an instrument would
be premature. Some of them argued for the need to examine other
measures at the national and regional levels to address the access
problems raised.

Publishers=92 organisations were concerned about treaty provisions
relating to the cross-border distribution of accessible works that
would be created under copyright limitations and exceptions.

In addition, they pointed to the importance of the work carried out in
the context of WIPO=92s Stakeholders Platform which has met twice in
January and April 2009. These meetings brought together major
stakeholders, including representatives of copyright holders and
reading impaired persons, to explore the specific needs, concerns, and
possible approaches to facilitating access to works in formats
suitable for people with reading impairment.

The Committee welcomed the Platform Interim Report and encouraged the
WIPO Secretariat to continue the work of the Platform. The WBU and
other treaty proponents consider the work the Platform is doing on
technological tools and standards important and necessary but
complementary to efforts to conclude a treaty and not a substitute for
it. The Committee requested the Secretariat to make its best efforts
to organise a meeting of the platform in developing countries.

Exceptions and limitations in general

Apart from the proposed treaty for the blind and visually impaired, it
is expected that the Committee=92s next session will examine a study on
limitations and exceptions for the benefit of educational activities,
including distance education and the trans-border aspect thereof, in
particular for developing and least developed countries. Countries
were also invited to comment on a draft questionnaire on limitations
and exceptions which would be addressed to all WIPO member states with
a view of its final approval at the Committee=92s next session.

Many of these activities result from a March 2008 proposal made by a
number of developing countries - Brazil, Chile, Nicaragua and Uruguay
=96 that advanced the need to undertake further work on limitations and
exceptions in the context of the Copyright Committee.

Audiovisual performances and broadcasting organisations

Despite the little progress that was made in overcoming differences on
the protection of audio-visual performances and of broadcasting
organisations, these issues will remain on the Committee=92s agenda for
its next session.

In relation to audiovisual performances, Member States requested the
Secretariat to prepare a background document on the main questions and
positions as well as to organise in Geneva, informal, open-ended
consultations on possible solutions to the current deadlock.

In relation to broadcasting organisations, the Secretariat will
commission a study on the socio-economic dimension of the unauthorised
use of signals, including the impact of the lack of access on the one
hand and the need for an effective protection of broadcasters on the
other hand. Upon the request of member states or regional groups, the
Secretariat will organise regional and national seminars on the
objectives, specific scope and object of protection of a possible
draft treaty.

ICTSD reporting. =93WIPO Limitations & Exceptions Treaty Advances;
Audiovisual Treaty Gets New Life,=94 IP-WATCH, 30 May 2009.