Attached below are the current proposals on the so called “Berne Gap.”
AF Group: Any Contracting Party which is not a member of the Berne Convention or other relevant international treaties shall ensure consistent with its own legal system and practices, that accessible format copies are not reproduced, distributed or made available to non-beneficiary persons.
US: Any Contracting Party [which is not a member of the Berne Convention or other relevant International Treaties] shall provide that where it receives accessible format copies from another Contracting Party under Article D, any unauthorized reproduction, distribution or making available of said copies shall be limited to certain special cases that do not conflict with the normal exploitation of the work and do not unreasonably prejudice the legitimate interest of the author.
*LDC will be exempted from the obligation as long as they are exempted from under the TRIPS agreement to do so.
*A contracting party which is a LDC shall not be required to apply this paragraph beyond any obligation that has already undertaken in accordance to the Berne Convention and the WIPO Copyright Treaty until 1 July, 2021.