2.
It was and is a twofold problem – lack of
legal provisions for:
Local production and distribution of books in
accessible formats.
Cross-border distribution of books in accessible
formats to institutions and individuals.
An international binding instrument, i.e. a
World Intellectual Property Organization
(WIPO) Treaty for the Visually Impaired.
LIASA CONFERENCE 2013 – CAPE TOWN
4.
Books in accessible format are difficult and
expensive to produce.
First-world institutions can only produce 5-7%
of all published books. Less developed countries
between 0 and 1%.
Accessible books in the same language are
produced as many times as countries where that
language is spoken.
Cross-border distribution reduces doubleproduction and makes books available to nonproducing countries.
LIASA CONFERENCE 2013 – CAPE TOWN
5. “First they ignore you,
then they laugh at you,
then they fight you,
then you win.”
(Mahatma Gandhi)
Started in 1981 – WIPO/UNESCO Working
Group
An Agenda item since 2004 of the Standing
Committee on Copyright and Related Matters
(SCCR) of WIPO
2009 – Draft Treaty presented to Standing
Committee on Copyright and Related Rights
(SCCR-18) for consideration.
Brazil, Ecuador and Paraguay
6.
Adopted in Marrakesh Morocco) on June
28th, 2013.
It is the treaty that the World Blind
Union and its partners wanted.
4 big threats addressed:
Commercial availability.
Cross-border distribution to beneficiaries.
TPMs (Technical Protection Measures).
“Voluntary registry”.
LIASA CONFERENCE 2013 – CAPE TOWN
7.
WORKS – Any publicly available literary or artistic
work in text, notation, illustration, and audiobooks.
Not films.
ADAPTATION – Perform all changes necessary to
make it accessible.
AUTHORISED ENTITIES
Provides services to VIPs on a non-profit basis
Organisations providing those services as “one of
their primary activities or obligations”.
BENEFICIARIES – persons who are blind, visual
impaired, with a perceptual, reading, or physical
disability that makes reading print impossible or
someone acting on their behalf.
LIASA CONFERENCE 2013 – CAPE TOWN
8.
Signatory countries need to provide (if
not in place already) an exception to
allow production and distribution of
books in accessible formats at national
level.
Books can be distributed by any means,
including online distribution.
Exception can be expanded and
narrowed – commercial availability.
LIASA CONFERENCE 2013 – CAPE TOWN
9.
Works produced in a lawful manner can
be sent to other Contracting Parties –
To authorized entities
To beneficiaries
Check that the person receiving the book
is a beneficiary.
Authorized entities and beneficiaries can
import accessible books if they have a
domestic exception in place.
LIASA CONFERENCE 2013 – CAPE TOWN
10.
Technical Protection Measures (TPM)
cannot harm the purpose of the treaty.
It does not say how – it does not
authorize circumvention, but it does not
prohibit it either...
TMPs applied by authorized entities can
still be applied when necessary.
LIASA CONFERENCE 2013 – CAPE TOWN
11.
Guidelines to Contracting Parties to help
and promote cross-border distribution:
Information access point at WIPO’s
International Bureau
Assist authorized entities in sharing
information
Making information about authorized
entities’ policies and practices available
LIASA CONFERENCE 2013 – CAPE TOWN
12.
Protection of beneficiaries’ privacy (their
disability and what they read).
Any country can become a Contracting Party
regardless of its legal tradition. It does not clash
with any other international treaty or norm.
LIASA CONFERENCE 2013 – CAPE TOWN
13.
51 countries signed in Marrakesh.
1 year for signature by WIPO member countries
(June 28th, 2014).
20 ratifications required to enter Treaty into force.
LIASA CONFERENCE 2013 – CAPE TOWN
14.
Issue an official LIASA statement/position paper
Lobby Government to sign/ratify the Treaty
Partner with other organisations (SA National Council for the Blind
Coalition; National Council for Library & Information Services;
Universities; Non-Governmental Organisations, etc.)
Engage: Departments of Trade & Industry; Women, Children & People
with Disabilities; Basic Education; Higher Education; Arts & Culture)
Call for the Treaty to be signed into national Copyright law and
assist/participate in the process.
Encourage libraries to become authorized entities and implement
services
Be realistic - it is not a quick process
16.
Full text of Treaty
http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=245323
Treaty explained
http://www.worldblindunion.org/English/news/Pages/The-Treaty-of-Marrak
