Attached below is the version of the negotiating text from February 18. It includes several new or edited footnotes.
Fn5. concerns language on translation.
Fns 6 and 9 are proposals for language that would permit a country to limit exceptions to cases where “the particular accessible format, cannot be obtained commercially under reasonable terms for beneficiary persons in that [Member State’s] market.”
Fns 7 and 8 are proposals to address the delivery of an accessible work to a person in another country. These are among the more contentiousness issues this week.
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5. Nigeria and Switzerland will propose an Agreed Statement to address the concepts of providing a right of translation within national territories and/or when languages are identified as official languages in national constitutions. 6. Drafting group [Singapore/African Group/EU/India/US] to work with the following proposal discussed on February 18: [A Member State/Contracting Party may confine limitations or exceptions [in its national law that fulfill its obligations] under this Article to published works which, in the particular accessible format, cannot be obtained commercially under reasonable terms for beneficiary persons in that [Member State’s] market.] [Add footnote or Interpretative Understanding that this Article does not apply to Articles D and E.] 7. Text for discussion, to be removed by February 22 if not agreed: [(B) Authorized entities shall [may] be permitted, pursuant to Article A, to distribute or make available accessible format copies to a beneficiary person in another Member State/Contracting Party without the authorization of the rightholder [if there is no authorized entity in the importing Member State/Contracting Party /if the beneficiary person is registered with an authorized entity in the importing Member State/Contracting Party].] 8. Text for discussion, to be removed by February 22 if not agreed: [In order to determine the availability of accessible format copies in the importing Member State/Contracting Party, the exporting authorized entity shall rely on information provided by an authorized entity in the importing Member State/Contracting Party and/or the rightholders and/or any other reliable source. The authorized entity in the importing Member State/Contracting Party and/or the rightholders shall provide the information requested by the exporting authorized entity, if available.] 9. Text for discussion, to be removed by February 22 if not agreed: [The Member State/Contracting Party may limit said importation to published works which, in the particular accessible format, cannot be obtained commercially under reasonable terms for beneficiary persons in the Member State/Contracting Party of importation.] [Alternative to commercial availability clause in Article D]. |
The negotiations on Monday were held behind closed doors. Last evening the USPTO held a 90 minute briefing for a large group of publishers, many of them foreign owned companies. KEI was told it could not attend the briefing.