[A2k] 1982 WIPO UNESCO Report in 4 formats

[James Love]

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
the 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

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The following is the text of the 1982 report.

Berne Union =E2=80=93 page 354

Working Group on Access by the Visually and Auditory Handicapped to
Material 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
using 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, at 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 and 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 such as those of procedural nature should be removed.

11. The attention of the Working Group was drawn to the particular
situation 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 =E2=80=93 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 being 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
Working Group decided to redraft the draft Model Provisions proposed in
the study so 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
under national legislation, two solutions may be previewed with regard
to the persons or organizations rendering a work accessible to
visually-handicapped 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 competent 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
Alternative 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 procedure set out in the regulations. Such a
procedure may be compulsory licensing where the amount of remuneration
may be negotiated by the interested parties 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 provide 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 =E2=80=93 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,
without 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
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],
against payment of remuneration [in accordance with the procedure set
out in 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 conditions 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 =C3=A0 la Facult=C3=A9 de droit de Paris-Sud (France)

M. Mih=C3=A1ly Ficsor
=09Directeur g=C3=A9n=C3=A9ral, Bureau hongrois pour la protection des droi=
ts
d'auteur, (ARTISJUS)

M. Imaila Konat=C3=A9 (absent)
=09Pr=C3=A9sident, Association malienne pour la promotion sociale des aveug=
les

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

M. Mohammed Rajhi (absent)
=09Pr=C3=A9sident, Union nationale des aveugles de Tunisie

Mr. Pedro Antonio Salinas Jaramillo
=09National Super-visor of Special Education Instituto Paname=C3=B1o de
Habilitaci=C3=B3n 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=C3=A9a Nowill; L.
Vecera.

(b) Observers

European Broadcasting Union (EBU): R. Laurent. International
Confederaion of Societies of Authors and Composers (CISAC): M.
Pickering. Interational Copyright Society (INTERGU): G. Halla.
lnternational Federation of Journalisty (IFJ): S.O. Gr=C3=B8nsund.
International Federation of Library Associations and lnstitutions
(IFLA): M. Wijnstroom; F. H=C3=A9bert. International Federation of Phonogra=
m
and Videogram Producers (IFPI): E. Thompson. International Literary and
Artistic 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
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