[blindlaw] FW: A truly great statement by US delegation at WIPO SCCR

Thu Dec 17 02:56:32 UTC 2009

>FYI:


>Forwarded with permission.  Kathie
>
>Below please find the U.S. Delegation's turnabout and embracing of 
>the proposed WIPO international treaty on copyright exceptions for 
>the blind, forwarded to me by Carrie Russell from the ALA Washington 
>Office of Information and Technology Policy. I'd like to think that 
>the comments from the various stakeholders recorded by LC helped 
>with the determination. Let's hope Western European nations follow suit.
>
>
>Mike L. Marlin, Manager
>California Braille and Talking Book Library
>Sacramento, CA
>mmarlin at library.ca.gov
>Phone: (916) 651-0812
>
>-----Original Message-----
>From: Carrie Russell [mailto:crussell at alawash.org]
>Sent: Tuesday, December 15, 2009 8:32 AM
>To: Susan Hornung; Michael.york at dcr.nh.gov; Marlin. Mike; Jessica M. 
>Brodey; Kendall Wiggin
>Subject: A truly great statement by US delegation at WIPO SCCR
>
>This is very great news.  The US delegation under Obama appears to 
>understand the importance of copyright limitations and exceptions 
>and access to information for the visually impaired.  We should all 
>be celebrating!
>
>
>http://www.wo.ala.org/districtdispatch/?p=4144
>
>World Intellectual Property Organization
>        Standing Committee on Copyright and Related Rights (SCCR)
>                            Nineteenth Session
>                           December 14-18, 2009
>
>                         United States of America
>
>          Statement on Copyright Exceptions and Limitations for
>                     Persons with Print Disabilities
>
>                               As Delivered
>
>                              December, 2009
>
>                           Geneva, Switzerland
>
>
>
>
>Thank you, Mr. Chairman.
>
>
>The United States is proud to have a series of specific exceptions 
>and limitations in our copyright law, including for education, 
>libraries, and persons with print disabilities.
>
>
>The law of the United States has these exceptions because we believe 
>access to information, cultural expression, and ideas is essential 
>and we know that governments have a role to play in facilitating 
>that access and reducing barriers to information, education and full 
>participation in a democratic society. So while the United States 
>believes profoundly, in the words of our Supreme Court, that 
>copyright law is "the engine of free expression,"1we are also 
>committed to policies that ensure everyone has a chance to get the 
>information and education they need and to live independently as 
>full citizens in their communities.
>
>
>Because education and civic engagement can be severely limited when 
>information is not available in accessible formats, under US 
>copyright law qualified non-profit organizations and government 
>agencies are free to reproduce and distribute published literary 
>works under copyright in specialized formats for use by blind 
>persons or persons with other print disabilities. We acknowledge 
>that more is needed, but we are proud of what this copyright 
>exception has achieved. One of the main providers of materials under 
>this exception, the National Library Service, distributes two (2) 
>million Braille and audiobook copies of works to nearly 800,000 
>users each year. And we have had this provision in our law since 1996.
>
>
>Of course, the United States is not alone in serving those with 
>print disabilities through carefully crafted limitations and 
>exceptions in copyright law. As we all know, over 50 countries have 
>specific statutory exceptions addressed to the needs of the 
>visually-impaired and persons with print disabilities. Other 
>countries like India are in the midst of thoughtful deliberations on 
>their own national exceptions.
>
>
>So the United States is pleased that WIPO is addressing this issue. 
>We believe that WIPO can move forward on this issue meaningfully and seriously.
>
>
>In that respect, the United States wants to first acknowledge the 
>WIPO Study on Copyright Limitations and Exceptions for the Visually 
>Impaired, prepared by Ms. Judith Sullivan, and presented to the 
>Standing Committee in 2006.2 This Study represents the kind of 
>thorough comparative work we must always do as a foundation for the 
>development of new norms in international copyright law. We also 
>recognizes the on-going work of the WIPO Stakeholders' Platform, 
>which continues to explore in detail how the needs of persons with 
>print disabilities can be better addressed through trusted 
>intermediaries, new technologies, better formats, and improved "best 
>practices" in the publishing industry.
>
>
>The United States also wants to acknowledge and express our 
>appreciation for the draft treaty language prepared by the World 
>Blind Union and submitted as a formal proposal at the last session 
>of the Standing Committee by our colleagues from Brazil, Ecuador, 
>and Paraguay.3 We want to recognize the tremendous work on that 
>draft that was done by the World Blind Union, the International 
>Federation of Library Associations, the DAISY Consortium, and 
>several other groups and individuals. The WBU treaty proposal will 
>help the Standing Committee focus on this problem and find the right 
>means of addressing access to materials for people with print 
>disabilities through well-crafted exceptions to copyright protection 
>that can become an integral part of the international copyright system.
>
>
>As we explained in the last meeting of the Standing Committee, the 
>United States has been engaged in a process of understanding the 
>problems that confront persons with print disabilities in our own 
>country. This has been a joint effort of the U.S. Patent and 
>Trademark Office and the U.S. Copyright Office with leadership from 
>the White House. This process included a Notice of Inquiry in March 
>2009 that generated numerous public responses; a public roundtable 
>in May with many stakeholder representatives presenting different 
>perspectives on making copyrighted works accessible to persons with 
>print disabilities; a further public comment period in October and 
>December that included specific questions on the WBU treaty 
>proposal; and, just last week, an informal White House meeting of 
>representatives from our country's leading organizations for the 
>blind and visually-impaired, our library community, and our 
>copyright industries.
>
>
>Those of us working on this issue in the U.S. Government believe 
>that we are genuinely studentsof this problem; we are still in the 
>process of learning. But we are committed to doing our homework and 
>doing it well.
>
>
>Having said that we are still learning and studying, the United 
>States comes to this meeting with greater clarity and conviction in 
>our views on how the international copyright community should 
>proceed in addressing the needs of those with print disabilities.
>
>
>          Our commitment to reaching an international consensus
>
>       on copyright exceptions for persons with print disabilities
>
>
>First, the United States believes that the time has come for WIPO 
>Members to work toward some form of international consensus on 
>basic, necessary limitations and exceptions in copyright law for 
>persons with print disabilities. This international consensus could 
>take multiple forms, including a model law endorsed by the SCCR, a 
>detailed Joint Recommendation to be adopted by the WIPO General 
>Assemblies, and/or a multilateral treaty. The United States is open 
>to discussing and exploring all these options.
>
>The United States believes that the initial most productive course 
>of action may be a work program that begins with a series of 
>serious, focused consultations aimed at producing a 
>carefully-crafted Joint Recommendation of the Berne Assembly and the 
>WIPO General Assembly. We further believe this initial Joint 
>Recommendation could be a step toward the development of a treaty 
>establishing basic copyright limitations and exceptions for persons 
>with print disabilities.
>
>
>          The first goal of international consensus in this area
>
>
>In our consultations and review it has become clear to us that the 
>most pressing problem - the one identified repeatedly by experts - 
>is the cross-border distribution of special format materials made 
>for persons with print disabilities, whether these special format 
>materials are made under copyright exceptions in national law or 
>special licensing arrangements. Therefore, the United States 
>believes that our first goal should be to reach international 
>consensus on the free exportation and importation of special format 
>materials for persons with print disabilities in all countries.
>
>
>We are confident that this body, the Berne Assembly, and the WIPO 
>General Assembly have the expertise, wisdom, and resolve to find a 
>suitable solution to this problem. We are prepared to work with 
>other countries to explore creative solutions to this problem, 
>including, but not limited to, [a] the establishment of a 
>properly-limited international rule of exhaustion in relation to 
>special format copies made under existing national law exceptions 
>for persons with print disabilities and/or [b] an international 
>legal norm that trusted intermediaries and non-profit organizations 
>working for persons with print disabilities must be able to exchange 
>special format copies without fear that copyright law bars such activities.
>
>
>We believe that a solution to the problem of cross-border 
>distribution of special format materials, properly delineated to 
>prevent abuses,would solve the foremost problems identified by the 
>print disability and visually-impaired communities.
>
>
>      Further international consensus on basic exceptions for print
>                               disabilities
>
>
>The United States is also prepared to participate in a WIPO work 
>program to establish further international consensus on specific 
>exceptions and limitations for persons with print disabilities that 
>should be part of national copyright laws.
>
>
>As a practical matter, we believe that this project will take longer 
>than finding common ground on the cross-border distribution of 
>special format copies made under existing national exceptions. 
>First, any such consensus should acknowledge the diversity of 
>established national laws in this area and the diversity of 
>successful experiences with copyright exceptions for persons with 
>print disabilities that WIPO Members have had. Second, any such 
>consensus should ensure that WIPO Members retain the flexibility to 
>craft copyright exceptions and limitations to meet changing social, 
>economic, and technological conditions that affect the print 
>disability community. Third, the specific exceptions and limitations 
>that emerge from such a process should acknowledge - as many in the 
>visually impaired and print disability communities have told us
>-- that market practices can often help to solve problems of access 
>to materials and that mandatory exceptions are most needed to 
>address market failures. Finally, consensus on basic copyright 
>exceptions for the print disability communities can and should be 
>reached within the framework of the Berne acquis; Berne Article 
>9(2); and the corresponding provisions of TRIPS, the WCT, and the WPPT.
>
>
>             A balanced system of international copyright law
>
>
>We recognize that some in the international copyright community 
>believe that any international consensus on substantive limitations 
>and exceptions to copyright law would weaken international copyright 
>law. The United States does not share that point of view. The United 
>States is committed to both better exceptions in copyright law and 
>better enforcement of copyright law. Indeed, as we work with 
>countries to establish consensus on proper, basic exceptions within 
>copyright law, we will ask countries to work with us to improve the 
>enforcement of copyright. This is part and parcel of a balanced 
>international system of intellectual property.
>
>
>Thank you.
>
>
># # #
>
>
>1 Harper & Row, Publishers. v. Nation Enterprises., 471 U.S. 539, 558
>(1985) ("it should not be forgotten that the Framers intended 
>copyright itself to be the engine of free expression.") 2 
>http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=75696
>3 http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=122732
>
>
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>
>--
>James Love, Director, Knowledge Ecology International 
>http://www.keionline.org | http://www.twitter.com/jamie_love
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