[Random-bits] CNIB on proposed WIPO treaty for reading disabled

[James Love]

http://www.keionline.org/blogs/2008/10/31/cnib-on-proposed-wipo-treaty-for-reading-disabled/

CNIB on proposed WIPO treaty for reading disabled

According to a note sent to KEI, CNIB in Canada considers the WBU
proposal for a WIPO Treaty for the reading disabled to be “the most
critical component of achieving true equality through the development of
a ‘Global Library’!. This is a letter that Jim Sanders, the President
and Chief Executive Officer of CNIB, sent to the Canada delegation to
WIPO.

From: Jim Sanders
To: ‘Albert Cloutier , ‘Couchman Bruce, Drew Olsen, Loris Mirella,
Darren Smith,
    Cc: ‘Paul Booth, Patricia Neri, Ralph Manning, Chris Friend, James
Love

Subject: WIPO treaty for Improved Access for Blind, Visually Impaired
and other Reading Disabled Persons

October 30, 2008

RE: WIPO treaty for Improved Access for Blind, Visually Impaired and
other Reading Disabled Persons

Dear Canadian delegates to WIPO:

    As Canada’s leading provider of materials in alternative formats to
people with print disabilities, CNIB wishes to express its strong
support of the proposal by the World Blind Union, dated October 23,
2008, for a WIPO Treaty for Improved Access for Blind, Visually Impaired
and other Reading Disabled Persons.

    The proposal will be discussed at the next meeting of the WIPO
Standing Committee on Copyright and Related Rights, November 3-7, 2008.

    The two main features of the proposed treaty are (1) to provide a
minimum standard for limitations and exceptions for the blind and
visually impaired, and (2) to allow and encourage the import and export
of works in accessible formats by eligible parties. Briefing notes and
the draft text of the treaty are available online:


http://www.keionline.org/index.php?option=com_content&task=view&id=206

    CNIB supports the proposed treaty for the following reasons:

    * An estimated 10% of the population or 3.2 million Canadians are
prevented from reading standard print due to a visual, perceptual or
physical disability. Such a disability may be the result of vision
impairment, a learning disability, or a disability that prevents the
physical holding of a book. It has been estimated that only 5% of
published information is available in alternative formats.

    * The exception for persons with perceptual disabilities in section
32.(1)(a) of the Canadian Copyright Act has played a vital role in
facilitating access to published works. The proposed treaty will assist
other countries to make an exception in their legislation and to
recognize the right of citizens “to seek, receive and impart information
and ideas through any media and regardless of frontiers,” as stated in
Article 19 of the United Nations’ Universal Declaration of Human Rights.

    * The WIPO “Study on Copyright Limitations and Exceptions for the
Visually Impaired” by Judith Sullivan in 2007 identified more than 50
countries with exceptions. By providing a minimum standard for
exceptions, the proposed treaty will help to harmonize the language used
by different countries. It will also facilitate the process of securing
an exception in developing nations, where legislative reform can be
challenging.

    * Producing works in alternative format is time-consuming and
costly, and the effectiveness of Canada’s exception is always subject to
production capacity. Wherever possible, CNIB collaborates with other
alternative format producers in Canada and worldwide to avoid
duplicating effort.

    Because copyright is national in jurisdiction, however, this
strategy of non-duplication can actually restrict access. If, for
example, a work has been produced in alternative format in Australia, it
is not clear in the current Canadian legislation that Canadians have a
right to access that work, even though CNIB might produce the same work
and make it available in Canada.

    By allowing the import and export of alternative format works
between countries by eligible parties, the proposed international treaty
would remove the barrier to access in such a situation.

    * The proposed treaty would not only increase the number of works
available in alternative format to Canadians but the range of material.
For example, CNIB currently produces works in English and French but it
recognizes an urgent need to provide access to works in multiple
languages, to reflect the reality of Canadian demographics. Without the
ability to import, CNIB would have to duplicate the work done in another
jurisdiction, assuming it even has this right, and is not prevented from
either importing or producing.

    * CNIB is currently engaged in a joint global initiative of the
International Federation of Libraries (IFLA) Libraries for the Blind
section and the DAISY Consortium to increase access to works in
alternative format for people with perceptual disabilities around the
world. The initiative is initially focused on collaborative collection
development, and discovery and access – issues that depend on clear
international standards and the ability to share resources. The proposed
treaty is one of the keys to unlocking the door to this “Global
Library.”

    Canada recently demonstrated its commitment to supporting people
living with perceptual disabilities by establishing the Initiative for
Equitable Library Access of Library and Archives Canada. CNIB asks the
government to bring its leadership on this issue to the international
arena and take the following actions:

    * Support the proposal for a WIPO Treaty for Improved Access for
Blind, Visually Impaired and other Reading Disabled Persons at the WIPO
SSCR meeting on November 3-7, 2008

    * Sign and ratify the treaty once finalized without delay, setting
an example for other countries to follow

    * Integrate the principles and language of the treaty into Canadian
legislation through the current process of copyright reform

    * Advocate with Canada’s international trading partners to sign and
ratify the treaty

    We look forward to hearing Canada speak out in support of this
pivotal treaty in providing equitable access to information for
Canadians and others with perceptual disabilities around the world.

    Yours sincerely,

    Jim Sanders, C.M.

    President and Chief Executive Officer
    CNIB

    cc:
    Paul Boothe, Senior Associate Deputy Minister, Industry Canada
    Patricia Neri, Director General, Department of Canadian Heritage
    Ralph Manning, Initiative for Equitable Library Access, Library and
Archives Canada
    Chris Friend, Chair, Copyright and the Right to Read Working Group,
World Blind Union
    James Love, Director, Knowledge Ecology International

    http://www.cnib.ca/
    1929 Bayview Avenue Toronto ON M4G 3E8 • cnib.ca
    T 416-486-2500 • 1-800-563-2642 • F 416-480-7700

Posted in Copyright, Reading Disabled. Tagged with cnib, WBU, wipo.
By manon
October 31, 2008


-- 
James Love, Director, Knowledge Ecology International
http://www.keionline.org | mailto:james.love at keionline.org
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