It is Tuesday, November 4, 2008, and the WIPO SCCR will hear from Judith Sullivan on copyright limitations and exceptions for the blind.
Judith Sullivan begins with a formal presentation of her February 2007 WIPO Study on Copyright Limitations and Exceptions for the Visually Impaired (SCCR/15/7). The presentation was quite good, and helpful, and followed the slides that WIPO has on its web page.
The Q&A has been very limited. At first, no countries said anything at all. The WBU was very warm toward Judith Sullivan, in a brief intervention.
I was the second intervention, and was very positive about Judith Sullivan’s formal presentation, and spoke at some length (at the indulgence of the Chair). First I emphasized the paucity of works now available, particularly from voluntary licensing or publishing in accessible formats. Certainly it would be best if the private sector publishers did the right thing and published works in accessible formats on a timely basis. The reality is, this only happens infrequently. The L&E systems are quite important in providing access to works. The WBU proposal would create additional competition in the supply of accessible works, by allowing imports from foreign publishers of works in accessible formats, and by providing for a commercial (remunerative) exception. I spent some time on the issue of important and exports. Judith Sullivan had make much of the difficultly in dealing with cases where works were published in one country, but not in another. I talked about how the WBU expert group had decided to resolve this issue by referring to cases where a person “has lawful access to that work or a copy of that work.” That is, the WBU proposal focuses on “lawful access,” rather than focusing on publishing status, in the importing country.
El Salvador, Algeria and Mexico have asked to speak, and now there are 7 more requests to speak. The Libraries just made a very nice intervention, with some data on the lack of accessibility, and they emphasized their possible role in acting as intermediaries. EFF made very a good presentations on the role of TPMs, discussing, for example, the case where the skills to circumvent an access barrier existed in one country, but not in another. Public Knowledge also spoke on the issue of TPMs and specialized formats.
The Independent Film & Television Alliance (IFTA) continued for the second day its assault on the WBU proposal, with a detailed opposition of any effort to authorize exports and imports.
The International Federation of Reproduction Rights Organisations (IFRRO) is now speaking. IFRRO asks WIPO to create a multi stakeholder-initiative to address the needs of visually impaired. IFRRO says that in Europe, DG Internal Market is doing something similar.
The Publishers are speaking now. Their question: Is copyright actually a barrier, or is it rather (1) resources (2) technology and (3) trust? Publishers say VIP readers are improving dramatically, the access gap is being closed, and copyright plays a “small” and maybe zero role in promoting access. Judith Sullivan responding that copyright exceptions do play a role. We need to aim at an ideal world. We don’t live in an ideal world right now. She brings up again the IFRRO proposal.
Egypt is now speaking. The translation is not perfect. They seem to be asking for more discussion of this topic, they bring up moral rights and other issues, but I didn’t follow everything.
FILAI is speaking now. This is a right owner group (performers who speak Portuguese or Spanish). The focused a lot on TPMs. They like TPMs. The also talked about moral rights.
Finally, Consumers International and TACD spoke, in French. CI and TACD support the WBU proposal for a treaty. Judith Sullivan was asked directly, should the SCCR consider the WBU proposal at its next meeting? Judith Sullivan said, I think, perhaps, but not exclusively at the expense of considering other solutions.
Now, the meeting SCCR has adjourned for lunch, and the World Blind Union (WBU) has an information session, where they demonstrate technology. It begins with the room darkened, and a moving speech by Chris Friend… and then turns into an interactive session, where Chris Friend, Guy Whitehouse, and Tianh Fleuret, three blind members of the WBU, demonstrate a variety of devices, such as DAISY readers and refreshable Braille. T-Shirts were also passed out.
[img_assist|nid=215|title=Chris Friend shows a DAISY reader to delegates|desc=|link=none|align=left|width=640|height=480][img_assist|nid=216|title=Thi Hanh Fleuret shows a DAISY reader with refreshable Braille to Anne-Catherine Lorrain of TACD|desc=|link=none|align=left|width=640|height=510][img_assist|nid=217|title=Guy Whitehouse, at the WBU Workshop, with a Treaty T-Shirt|desc=|link=none|align=left|width=640|height=480]