November 22 evening version of text, WIPO treaty for blind

Update: (revised version here)

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Yesterday they finished work on the definition of a work. Audiovisual works and related rights are out, ebooks and audio books are in.

ARTICLE A - DEFINITIONS

For the purposes of these provisions

"work"

means literary and artistic works within the meaning of Article 2.1 of the Berne Convention, in the form of text, notation and/or related illustrations, whether published or otherwise made publicly available in any media1.

1 An Interpretative Understanding/Agreed statement to be drafted to clarify that audiobooks are included in the
definition of “work”.

One of the major area for changes were the "Cluster package."

[“PRINCIPLES OF APPLICATION” CLUSTER PACKAGE

National implementation provision

[first sentence]

Member States/Contracting Parties should/shall adopt the measures necessary to ensure the application of this instrument/treaty.

[second sentence]

Nothing shall prevent parties from determining the appropriate method of implementing the provisions of this instrument/treaty within their own legal system and practice.

[third sentence]

Member States/Contracting Parties may fulfill their obligations under this instrument/treaty through specific exceptions or limitations for beneficiary persons; general exceptions or limitations such as fair dealing or fair use; or a combination thereof, whether existing or established to fulfill this instrument/treaty, [provided they are consistent with the Member States’/Contracting Parties’ international obligations]. This instrument/Treaty is without prejudice to other exceptions and limitations for persons with disabilities provided by national law.

“Development” provision

[A Member State/Contracting Party may implement in its national law other exceptions and limitations for the benefit of beneficiary persons than are provided by this instrument/Treaty having regard to that Member State/Contracting Party’s economic situation, and its social and cultural needs, and in the case of a least-developed country taking into account its special needs, in accordance with that Member State’s/Contracting Party's international rights and obligations.]

“Respect for copyright” provision

[In adopting measures necessary to ensure the application of this instrument/Treaty, a Member State/Contracting Party may exercise its rights and shall comply with its obligations under the Berne Convention for the Protection of Literary and Artistic Works, and any other Treaties to which it is a party, including the obligations it has to confine exceptions and limitations to certain special cases, which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the rightholders.

A Member State/Contracting Party may fulfill its obligations under this instrument/Treaty through specific exceptions or limitations for beneficiary persons; general exceptions or limitations [such as fair dealing or fair use; or a combination thereof], whether existing or established to fulfill this instrument/treaty, [provided that such exceptions and limitations are consistent with the Member

State’s/Contracting Party’s international rights and obligations]. This instrument/Treaty is without prejudice to other exceptions and limitations for persons with disabilities provided by national law.]

“Respect for visually-impaired” provision

A Member State/Contracting Party should/shall implement in its law the provisions herein in a manner that fulfills its obligations under other international agreements [with respect to the treatment and protection] [to promote, protect and ensure the rights, freedoms and dignity] of visually-impaired persons/persons with print disabilities.]

[End of document]

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