WIPO SCCR24: still on “definitions” behind closed doors

The WIPO SCCR 24 delegates are still meeting behind closed doors (no NGOS and no streaming nor recording). I heard they are still talking about the definitions (see below) and that the 5pm plenary is delayed. Yesterday and this morning we heard quite a bit about “works” and “authorized entity”. If they agreed on these maybe they are now arguing over the meaning of “reasonable price for developed countries” and “reasonable price for developing countries”

SCCR/23/7 ORIGINAL: English DATE: December 16, 2011

ARTICLE A DEFINITIONS

For the purposes of these provisions

“work”
means a literary or artistic work protected by copyright and includes any literary and artistic work in which the copyright remains valid, whether published or otherwise made publicly available in any media.

“accessible format copy”
means a copy of a work in an alternative manner or form which gives a beneficiary person access to the work, including to permit the person to have access as feasibly and comfortably as a person without a print disability. The accessible format copy must respect the integrity of the original work and be used exclusively by beneficiary persons.

“authorized entity”
means a governmental agency, a non-profit entity or non-profit organization that has as one of its activities to assist persons with print disabilities by providing them with services relating to education, training, adaptive reading, or information access needs, in accordance with national law.

An authorized entity maintains rules and procedures to determine the beneficiary persons that they serve.

An authorized entity has the trust of both beneficiary persons and copyright rights holders. It is understood that to obtain the trust of such rights holders and beneficiary persons, it is not necessary to require the prior permission of said rights holders or persons.

If an authorized entity is part of a nationwide network of organizations, then all organizations, institutions, and entities must adhere to these characteristics, in accordance with national law.

“reasonable price for developed countries”
means that the accessible format copy of the work is available at a similar or lower price than the price of the work available to persons without print disabilities in that market.

“reasonable price for developing countries”
means that the accessible format copy of the work is available at prices that are affordable in that market, taking into account the needs and income disparities of persons who have limited vision and those with print disabilities.

“Member State”
means a State member of the World Intellectual Property Organization or of the Berne Convention for the Protection of Literary and Artistic Works and/or a Contracting Party of the WCT.

References to ”copyright” include copyright and any rights related to copyright recognized by Member States in accordance with national law.

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