November 21 version of WIPO treaty for the blind negotiating text

Attached below is the November 21, 2012 version of the "REVISED WORKING DOCUMENT ON AN INTERNATIONAL INSTRUMENT ON LIMITATIONS AND EXCEPTIONS FOR VISUALLY IMPAIRED PERSONS/PERSONS WITH PRINT DISABILITIES."

We are interested in hearing from people on any part of the text (mailto:james.love@keionline.org).

Note that on page 9 that the brackets have been removed on the definition of "authorized entity."

On page 13, there are four alternatives for a new "Respect for Copyright" provision, all dealing in different ways with the so called three-step-test. Alternative A has a should/shall alternative, and then repeats the TRIPS language (rather than the Berne language). Alternative B is a "two-step" version, which effectively establishes that the exceptions in the treaty already meet the 1st test, regarding "certain special cases."

Alternative D is the version that has been advanced by some countries as a less restrictive alternative, one that refers to "fair dealing or fair use" and includes an important "without prejudice to other exceptions " clause.

The text on authorized entity (with no brackets) is reproduced below:

"authorized entity":

Authorized entity means an entity that is authorized or recognized by the government to provide education, instructional training, adaptive reading or information access to beneficiary persons on a non-profit basis. It also includes a government institution or non-profit organization that provides the same services to beneficiary persons as one of its primary activities or institutional obligations.

establishes and follows its own practices
i) to establish that the persons it serves are beneficiary persons;
ii) to limit to beneficiary persons and/or authorized entities its distribution and making available of accessible format copies;
iii) to discourage the reproduction, distribution and making available of unauthorized copies ; and
iv) to maintain due care in, and records of, its handling of copies of works, while respecting the privacy of beneficiary persons in accordance with Article H

Some (of the many) issues in play

1. Article D on cross border exchange is a bit of a mess and will be discussed today. Many are particularly concerned about D.3., the commercial availability language, as well as the exporter obligations/liability regarding infringement in the importing country.

2. The definition of a work has many issues still unresolved, including how to include audio books, and to what extent are related rights and audiovisual rights included. Some countries use related rights to protect public domain print works published for the first time, or the broadcast of them, not to mention the producers and performers of sound recordings, and Germany is proposing a related right for news of the day. Some here ask that audiovisual works be included when they are used in education, at a minimum.

3. The three-step-test reference issues are not yet resolved, and will be discussed today.

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Consolidated_Version_November 21_clean copy.doc94.5 KB