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Copyright and Disability:
   Issues Before WIPO

            Context set by:
         Anirudh Narain Bhatt
              LLM First yr
          NLSIU, Bengaluru
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.
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)
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.
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.
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)
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)
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)
Thanks

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Present Scenario At Wipo Relating To Pd

  • 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)