The document discusses proposals before the World Intellectual Property Organization (WIPO) regarding copyright and disability issues. It summarizes proposals made by the World Blind Union in 2009, the United States in 2010, and the European Union. The World Blind Union's proposal defines terms like "disability" and "accessible formats." It allows certain uses of copyrighted works to create accessible formats without authorization, including non-commercial lending and electronic communications. The US proposal also defines "print impairment" and allows import/export of special format copies. The EU proposal includes exceptions for reproduction, distribution, and public availability of works for those with print disabilities and establishes trusted intermediaries.
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1. Copyright and Disability:
Issues Before WIPO
Context set by:
Anirudh Narain Bhatt
LLM First yr
NLSIU, Bengaluru
2. Causatum
To bring Copyright in consonance with Human
Rights, various jurisdiction enacted exception
provision relating to person with disability in their
respective legislation. But with the advancement
of technology and to overcome other barriers in
international scenario, there is need to change,
modify or enact a minimum standard which
would answer these problem properly.
3. Proposals Before WIPO
Treaty proposed by World Blind Union on May,
2009. (Doc. no. SCCR/18/5)
Proposal by the Delegation of the United States
of America on June 2010. (Doc. No. SCCR/20/10)
Proposal by the Delegation of the European
Union. (Doc. No. SCCR/20/12)
4. Objective of WBU
Importance of accessibility and equalization of
opportunities.
Cope up with development in new information
and technology.
Maintain a balance between rights of Authors
and the larger public interest.
5. Proposal by WBU
Disability covered (Art. 15) includes who is blind; who has
visual impairment and cannot be improved and given
flexibility to contracting parties to extend the provision of
this treaty to person with any other disability.
Accessible formats (Art. 16) includes large print, Braille,
audio recordings, digital copies compatible with screen
readers or refreshable Braille and audiovisual works with
audio description. But this is not limited to this.
6. Contd
Permitted without the authorisation of the owner of copyright
- make an accessible format
- supply that accessible format
- copies of that format
By means of non-commercial lending or electronic communications
By non-profit basis entity or profit basis entity (Art 4)
Right to circumvent the technological protection measure (Art 6)
Imports and exports of work (Art 8)
Provision relating to remuneration to copyright owner if work is used by
profit basis entity according to Art 4 (c)(3) (Art 11)
7. Proposal by US
Person with Print Impairment (Art 1) includes a
person who has an orthopedic- or neuromuscular-
based physical disability that prohibits manipulation
and use of standard print materials also.
The exportation and importation of special format
copies for persons with print disabilities (Art 3 and 4)
8. Proposal by EU
Exception for the benefit of persons with a print disability (Art 2)
- right of reproduction
-right of distribution and
-right of making the work available to the public
- for the benefit of person with a print disability
Setting up trusted intermediaries (Art 3)
Cross border transfer of physical as well as online work in accessible
formats (Art 4 and 5)
Notice to right holders regarding use of their work (Art 6)