Latest text on the definition of authorized entity: Proposals for revised text for document SCCR/23/7

On Monday, 23 July 2012 the International Bureau of the World Intellectual Property Organization (WIPO) has released the latest text on an instrument for copyright exceptions and limitations for disabilities entitled “Proposals for revised text for document SCCR/23/7”. This document is the result of both formal discussions in the plenary of the WIPO Standing Committee on Copyright and Related Rights (SCCR) held on Friday, 20 July 2012 and informal negotiations held on Saturday afternoon on 21 July 2012. Once this text is available electronically, KEI will publish the full text online. Informed sources indicate that much of Saturday’s informal session focused on providing a consensus definition of “authorized entity”.

Reproduced below is the latest text on authorized entity which still contains square brackets. Perhaps of note is that the words [instrument/treaty], [libraries;], [primary] in front of the word “activities”, and the phrase [may maintain] in front of the phrase “rules and procedures” are bracketed. The previous romanito v in the definition of “authorized entity” has now been parked by the European Union into a new Article D(3) under the article dealing with the cross-border exchange of accessible format copies. The new language on D(3) on authorized entities and their relationship with the cross-border exchange of accessible format copies is the following: “to enable the transmission of anonymous and aggregated data of records to rightholders on request.”

Proposals for revised text for document SCCR/23/7
July 21, 2012

“authorized entity”

means a governmental entity; a [non-profit] educational or teaching institution; [libraries;] or a non-profit organization, including non-governmental organizations and entities authorized or enabled by the governments [pursuant to national law in conformity with this [instrument/treaty]] that addresses the needs on a non-profit basis of beneficiary persons as one of its [primary] activities or institutional obligations, including providing them with services relating to education instructional training, adaptive reading or information access needs, in accordance with national law; and

[establishes and follows] [may maintain] rules and procedures

i) to establish that the persons it serves are beneficiary persons
ii) to limit to beneficiary persons and /or authorized entities its distribution and making available of accessible format copies;
iii) to discourage the reproduction, distribution and making available of unauthorized copies [including by informing authorized entities and beneficiary persons that any abuse will lead to stopping the supply of accessible format copies]; and
iv) to maintain reasonable care in, and records of, its handling of copies of works, while respecting the privacy of beneficiary persons in accordance with Article H; in the case of an authorized entity that serves a rural or small population and does not distribute accessible format copies in electronic form for whom record keeping would constitute an undue burden such record keeping may be appropriately adjusted.

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