[bksvol-discuss] Re: Fw: Copyright Treaty Backing Cross-Border Sharing of Books for Disabled Users Survives Resistance From the EU and US

  • From: "Melissa Green" <graduate56@xxxxxxxx>
  • To: <bksvol-discuss@xxxxxxxxxxxxx>
  • Date: Thu, 4 Jun 2009 15:59:38 -0600

Thanks for sharing this.
Its a step for us.

Melissa Green 
The most splendid achievement of all is the constant striving to surpass 
yourself and to be worthy of your own approval. 


  ----- Original Message ----- 
  From: Shelley L. Rhodes 
  To: bookshare-discuss@xxxxxxxxxxxxx ; bksvol-discuss@xxxxxxxxxxxxx 
  Sent: Thursday, June 04, 2009 2:39 PM
  Subject: [bksvol-discuss] Fw: Copyright Treaty Backing Cross-Border Sharing 
of Books for Disabled Users Survives Resistance From the EU and US


  Excellent news.

  Shelley L. Rhodes, M.A., VRT
  And Guinevere: Golden Lady Guide Dog
  guidinggolden@xxxxxxxxx
  Guide Dogs for the Blind 
  Alumni Association
  www.guidedogs.com

  The people who burned witches at the stake never for one moment thought of 
their act as violence;
   rather they thought of it as an act of divinely mandated righteousness.
   The same can be said of most of the violence we humans have ever committed. 
-Gil Bailie, author and lecturer (b. 1944) 

  ----- Original Message ----- 
  From: Nancy Lynn 
  To: Missouri Chat List ; mcb List 
  Sent: Thursday, June 04, 2009 2:44 PM
  Subject: PCB Copyright Treaty Backing Cross-Border Sharing of Books for 
Disabled Users Survives Resistance From the EU and US







  Copyright treaty backing e-books for disabled readers survives US and EU
  resistance

  Copyright treaty backing e-books for disabled readers survives US and EU
  resistance

  OUT-LAW News, 03/06/2009

  A proposed treaty that would change copyright laws to allow the supply of
  books across borders for the benefit of blind people has survived resistance
  from
  the US, UK, France, Germany and other countries.

  A committee of the World Intellectual Property Organisation agreed on Friday
  "to continue without delay" its work on "facilitating the access of blind,
  visually-impaired and other reading-disabled persons to copyright-protected
  works."

  At the heart of this work is a treaty proposed by the charitable
  organisation World Blind Union (WBU) and written with the help of the UK's
  Royal National
  Institute of Blind People (RNIB) .

  RNIB campaign manager Dan Pescod attended the five-day meeting in Geneva.
  Pescod told OUT-LAW today that the UK and the US were among a group of
  countries
  that did not support the treaty and preferred 'soft options', though they
  stopped short of formally opposing it.

  Around 95% of books are never published in any format other than standard
  print, according to the WBU. But visually impaired people need books in
  other
  formats, such as large print, Braille and audio. People with other
  disabilities, such as cognitive impairments, can also find themselves 'print
  disabled'.

  "Imagine if you walked into a bookshop or library, and were told that you
  were only allowed to choose from five percent of the books on the shelf,"
  said
  WBU president Dr William Rowland in a speech last year. "What would such a
  limited choice do to your education, to your leisure reading opportunities?"

  The WBU, RNIB and others have prepared a draft treaty that would relax
  copyright restrictions to allow the creation and supply of accessible books
  without
  the need for prior permission from the copyright owner. The treaty requires
  this generally to be done on a non-profit basis.

  In some countries, it is already legal to create accessible books without
  permission. It was made legal in the UK by the Copyright (Visually Impaired
  Persons)
  Act, passed in 2002. But that law is limited in scope. The rights are
  limited to visually-impaired persons - so while a person with dyslexia might
  benefit
  from a large-print book, or an electronic book which can be played using
  text-to-speech conversion software, the law does not facilitate that person.

  Also, the UK law, like equivalent laws in other countries, does not allow
  the supply of a digital book to a customer overseas.

  The WBU treaty, if signed and ratified in its present form, would lift these
  restrictions. It seeks to protect all 'reading disabled' persons and it
  allows
  the supply across borders of accessible works, as a Braille hard copy or as
  an e-book. At present, a tiny fraction of books that are available in
  accessible
  formats can be supplied across borders because their export requires the
  agreement of rights holders.

  Pescod said publishers have until recently seen little money to be made from
  converting books into accessible formats, meaning that the work is normally
  done by voluntary organisations like RNIB.

  "If we make an accessible version of a book in the UK and want to send that
  to another English-speaking country where they don't have the resources to
  make
  books accessible, we should be able to do that," he said. "But the copyright
  law as it stands doesn't allow the transfer of that accessible info. The
  exceptions
  in place in national legislations stop at the border."

  The preamble to the treaty notes that "90 percent of visually-impaired
  persons live in countries of low or moderate incomes." These countries tend
  to have
  the most limited ranges of accessible works, hence the need for a right to
  supply across borders.

  Pescod said that voluntary organisations in Chile, Columbia, Mexico,
  Nicaragua and Uruguay have only 8,517 books in alternative formats between
  them. However,
  Argentina has 63,000 books and Spain 102,000. All these countries speak
  Spanish.
  . Spain and Argentina will not share their libraries with their Latin
  American colleagues, though, for fear of breaking copyright laws, he said.

  The proposed treaty would also allow for the circumvention of digital rights
  management (DRM) where necessary to render a work accessible. Some books are
  published in a digital format that is not compatible with the assistive
  technologies used by disabled people.

  Lobbying for legislative change in the UK, the RNIB noted recently that DRM
  schemes "can react to assistive technology as if it were an illicit
  operation."
  It also said that "while e-book readers may have the facility to reproduce
  synthetic speech, the rights holder can apply a level of security which
  prevents
  this from working."

  The WBU treaty would allow a company to buy an e-book, hack the DRM and
  redistribute a DRM-free version of the work, provided copies are supplied
  exclusively
  for disabled customers.

  Pescod said that main objective of RNIB and the WBU for the week was to have
  the treaty formally proposed within the WIPO committee. Their second
  objective
  was to have it accepted as a viable proposal. "These were met," he said.
  "Brazil, Ecuador and Paraguay tabled the treaty as a proposal."

  That put the treaty before WIPO's Standing Committee on Copyright and
  Related Rights. It was strongly supported by delegates representing South
  American,
  African and Asian countries. "India and China were particularly supportive,"
  said Pescod. Wealthier countries, it seems, were less enthusiastic.

  "Many publishers and rights holders and some states say we need a 'soft'
  solution," said Pescod. "RNIB should work with rights holders and others to
  resolve
  this, they say."

  Pescod said these groups want a 'stakeholder platform' to discuss the
  sharing of files, but not a treaty. "We're more than happy to speak," he
  said. "But
  where we part company is that the stakeholder platform is looking at one set
  of solutions only." It would address some technical challenges, he said; but
  it would not address other issues, including the production of unprofitable
  Braille works, or the extra work needed to describe images.

  "We're insisting that you need to work with rights holders - and we'll
  continue to do that - but we still need a treaty which would do three
  things: encourage
  national copyright exceptions for disabled people in all countries; allow
  transfer of accessible books in all countries; and allow tightening of rules
  on DRM systems that can block accessibility."

  "No country opposed the proposal [for a treaty] outright," said Pescod.
  "Those who wanted to suggest that they weren't happy with it used more coded
  language,
  like saying discussions were 'premature' or that they wanted to take it back
  home and discuss it [at a national level]."

  The published conclusions of the committee include the unattributed
  objection "that deliberations regarding any instrument would be premature."

  "Those attacking this [treaty] fear it is going to undermine copyright law,"
  he said. "We disagree completely. Ensuring access for a bunch of people who
  the market was not selling to in the first place doesn't undermine copyright
  law."

  "This whole idea that it's 'premature' is bizarre," he said. "A WIPO and
  UNESCO working group looked at this in 1982. If that's premature, at what
  point
  does it become mature and ready to go?"

  Pescod said that support for the stakeholder platform instead of a treaty is
  coming only from those who are not disabled. "They're not blind and they
  know
  better? I would question that," he said.

  The UK was represented in two capacities: as a member of the European Union
  and as a member of the so-called 'Group B' countries, a WIPO term that
  refers
  to 17 EU member states, the US, Australia, Canada, Japan, New Zealand,
  Norway, Switzerland and the Vatican. Neither the EU nor Group B
  representatives
  supported the proposal. "Both are sceptical," said Pescod.

  According to another meeting attendee, James Love of Knowledge Ecology
  International, a group that promotes access to knowledge, the opposition
  from the
  US and other high-income countries "is due to intense lobbying from a large
  group of publishers that oppose a 'paradigm shift', where treaties would
  protect
  consumer interests, rather than expand rights for copyright owners."

  Ville Oksanen, a member of European digital rights group EDRi said Group B
  and the EU "did their best to derail the process of getting the treaty under
  serious consideration." He described the given reasons as "rather
  perplexing" and described them as excuses designed to avoid being seen as
  opposing help
  for disabled people.

  "It remains to be seen how sceptical they will be next time," said Pescod.
  "At the end of the day, though, we are happy with the way things went."

  On Friday night the WIPO copyright committee reached agreement to discuss
  the treaty at its next meeting in November, in spite of the objections. In
  the
  meantime, the committee's conclusions note that "Member States will continue
  to consult on these issues at national level and report on the activities
  and views on possible solutions."

  James Love is confident that the treaty will make progress.

  "Group B came in the May [copyright committee] meeting to block any
  agreement to discuss a treaty," he told OUT-LAW. "We'll be back in November,
  discussing
  a treaty. The members of Group B will not be able to consistently avoid
  dealing with the treaty proposal. They will have to say yes or no in terms
  of moving
  this forward, and to explain why."

  "The core issue will be, what will it take to liberalize the cross-border
  movement of accessible works created under copyright limitations and
  exceptions?"
  said Love. "Given how harsh the access reality is for people who are blind
  or have other reading disabilities, Group B cannot long avoid addressing
  this
  topic. There will be more and more data, and fewer and fewer chances to
  claim strategic ignorance."
  <http://www.out-law.com/page-10059> 



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