Presented at NLSIU on Copyright Day

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)

9. Thanks