[Ecommerce] WIPO Meeting Focuses on Access to Digital Content by the Visually Impaired

[James Love]

-------- Original Message --------
Subject: Press Release PR/2003/366:  Meeting Focuses on Access to
Digital Content by the Visually Impaired
Date: Tue, 4 Nov 2003 14:46:05 +0100 (CET)
From: publicinf@wipo.int
Organization: WIPO
To: pressinfo-en@lists.wipo.int

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Press Release PR/2003/366
(Geneva, November 4, 2003)
Meeting Focuses on Access to Digital Content by the Visually Impaired

A meeting held at the World Intellectual Property Organization (WIPO) in
Geneva on November 3, 2003 focused on how the visually impaired can
access copyrighted materials in the on-line world in a
legally-acceptable way. The meeting reviewed the current situation
regarding the provision of copyrighted works to visually impaired
people, and considered the technical, economic and legal aspects of
ensuring access by the blind and partially sighted to written works in
the on-line environment. The meeting on digital content for the visually
impaired took place in conjunction with WIPO Standing Committee on
Copyright and Related Rights (SCCR), meeting in Geneva from November 3
to 5, 2003.

There are an estimated 180 million blind and partially sighted people in
the world who, in order to access reading material may be required to
copy a protected work to alternate formats such as Braille, large print,
talking books or sign language if the work is not commercially available
in the alternate format. The copyright exceptions written into many
national laws mean that such copying can be undertaken in the off-line
world without infringing the author's rights. The challenge today is to
achieve common international approaches to exceptions to the exclusive
rights of copyright holders in the on-line environment, to make it
easier for alternative format producers to share resources and help
reduce the gap between what is available to sighted people and what is
available to the visually impaired.

The Internet and other digital technologies offer a number of potential
advantages to visually impaired people and those working on their behalf
by making it easier and faster to produce the alternative formats they
need and by increasing and diversifying the channels for information
delivery. International treaties governing copyright, such as the WIPO
Copyright Treaty (WCT), which sets out the legal framework to safeguard
the interests of creators in cyberspace, do permit individual member
states to introduce exceptions into their copyright legislation for the
benefit of groups, such as the visually impaired, under specific
circumstances. While the international conventions on copyright and
related rights have adopted a technology-neutral approach to limitations
and exceptions, national law frequently contains more specific
limitations and exceptions which may not yet apply to new digital
technologies.

WIPO Assistant Director General, Geoffrey Yu, said that discussion of
the special concerns of the visually impaired was timely as governments
were considering the implementation of provisions of the WCT, including
the scope of its limitations and exceptions to copyright. "We felt the
time was ripe to organize this meeting, particularly in light of the new
possibilities offered by digital technologies," he said. "Those
limitations and exceptions that are built into international and
national copyright law exist precisely to accommodate exceptional
circumstances and the needs of groups, such as the blind and partially
sighted, to be able to access information and enjoy works as fully
integrated members of society, without affecting the normal exploitation
of an author's work or prejudicing his interests" he added.

The application of limitations and exceptions under the WCT is subject
to what is known as the three-step test. In the first instance, the
application of an exception or limitation only applies in certain cases,
e.g. for people with disabilities; secondly, it must not affect the
"normal exploitation" (i.e. it must not compete in the market place with
a standard work) and thirdly, it must not unreasonably prejudice the
interests of the author. In cases where the first and second steps are
satisfied, but the authors interests are considered to be prejudiced, a
licensing scheme would typically be established.

Mr. Carlos Teysera Rouco, President of the Copyright Council of Uruguay,
who also chaired the meeting, underlined the importance of this issue,
particularly in view of rapid growth in the use of the Internet. He told
participants that communication technologies, coupled with today's
electronic media has resulted in a wide choice for users to access
content in various digital formats. Mr. Rouco described this as
"encouraging" and highlighted the need to ensure a balance between the
rights of authors and the ability of the visually impaired to access
copyrighted materials.

Speaking on behalf of the World Blind Union (WBU), Mr. David Mann said
that a balance needs to be struck between copyright and rights of access
to information and learning. He said millions of blind and partially
sighted people stand to benefit from greater access to information
through the systematic application of exceptions to copyright in both
the off-line and on-line worlds. "WBU believes that every state in the
world should have exceptions or limitations in its national law, for the
benefit of the blind and partially sighted people," he said. He urged
all countries to consider how they can introduce these exceptions and
limitations "as a matter of urgency."

"Blind and partially sighted people can only access the written word,
whether originally displayed on paper or on computer screen, if the
presentation of that material is adapted in some way. Adaptations
including enlarging, altering features such as color or font,
transferring into tactile code or into an audio format. In no way is
modification to content suggested, only to forms of presentation," Mr.
Mann stressed. He said that most accessible material today is still
created by specialist agencies operating on charitable funds or social
subventions. "This means that in practice only a small proportion of the
material published currently becomes available in accessible formats and
it is rare for accessible versions to come out until months or years
after the original," he said.

The WBU also called for coordinated international action to allow
unhindered transfer of accessible material created in one country to
blind and partially sighted people in another country. Mr. Mann urged
WIPO to "play its part in realizing for blind and partially sighted
people throughout the world their right to read."

A number of governmental delegates said that WIPO should assist in
advising governments on the implementation of national legislation that
strikes a balance between the interests of the rights owners and those
of the visually impaired people. They stressed that international
cooperation is essential to the successful implementation of the
relevant standards cited to facilitate access by the visually impaired
to digital content. Several speakers at the meeting said that the advent
of digital rights management and technological protection measures can
create barriers to accessing digital content. They urged that such
mechanisms should not act as an inadvertent block to accessing digital
content.

Computerization and digital technology have opened new possibilities for
facilitating access to works in alternate formats that are not readily
available commercially, and new tools have been, and are being,
introduced for this purpose. Agencies producing Braille or large print
now routinely key in or scan original material into a computer, subject
it to translation software and produce it via a Braille embosser or
laser printer. In this process, an "intermediate" electronic copy is
produced which may usefully be kept in case reprints are required, a
document is updated or something originally requested in large print is
later needed in Braille.

For further information please contact the Media Relations and Public
Affairs Section at:

Tel: (+41 22) - 338 81 61 or 338 95 47
Fax: (+41 22) - 338 88 10
Email: publicinf@wipo.int

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--
James Love, Director, Consumer Project on Technology
http://www.cptech.org, mailto:james.love@cptech.org
tel. +1.202.387.8030, mobile +1.202.361.3040