Attached below is the version of the negotiating text from 20 February 2013. It includes several new or edited footnotes. We expect the WIPO Special Session of the Standing Committee on Copyright and Related Rights (SCCR) to discuss the new text at the plenary which is scheduled to commence at 10, Wednesday, 21 February 2013.
Footnote 10 is placed within Article E of the draft treaty text on “Importation of Accessible Format Copies” which states
To the extent that national law of a Member State/Contracting Party would permit a beneficiary person, someone acting on his or her behalf, or an authorized entity, to make an accessible format copy of a work, the national law of that Member State/Contracting Party should/shall also permit [them/authorized entities] to import an accessible format copy for the benefit of beneficiary persons, without the authorization of the rightholder.
Japan had requested footnote 10 to provide assurance that if a contracting party to the treaty did not have “an appropriate and effective copyright system that is in line with the existing international copyright law (Berne Convention, TRIPs, WCT”, then the contracting party “shall provide in its national law a provision to prohibit making available or distribution of imported accessible format copies to persons who are not beneficiary persons.”
Footnote 11 indicates that a drafting group, led by Peru, will provide language relating to the elements of the Principles of Application Cluster Package; however, at this stage, this language has not yet been developed.
Footnote 12, in brackets, is a welcome addition, in clarifying the ability of persons with disabilities to benefit from limitations and exceptions both in and outside of the new treaty.
10 Text for discussion, to be removed by February 22 if not agreed: Japan, EU and other interested delegations to work on this proposal: [A Contracting Party which does not have an appropriate and effective copyright system that is in line with the existing international copyright law (Berne Convention, TRIPs, WCT) , shall provide in its national law a provision to prohibit making available or distribution of imported accessible format copies to persons who are not beneficiary persons.]11 A drafting group, led by Peru, will work on the wording related to the elements of this package.
12 Text for discussion, to be removed by February 22 if not agreed: [It is understood that the appropriate method of implementing the provisions of this instrument/treaty within the Contracting Parties/Member States’ own legal system includes exceptions or limitations specifically for beneficiary persons; other exceptions or limitations; or a combination thereof according to their national legal traditions, provided that they are consistent with their international obligations. ]