WIPO Special Session negotiations on treaty for blind, Feb 18th version of text

Attached below is the version of the negotiating text from February 18. It includes several new or edited footnotes.

Fn5. concerns language on translation.

Fns 6 and 9 are proposals for language that would permit a country to limit exceptions to cases where "the particular accessible format, cannot be obtained commercially under reasonable terms for beneficiary persons in that [Member State’s] market."

Fns 7 and 8 are proposals to address the delivery of an accessible work to a person in another country. These are among the more contentiousness issues this week.

5. Nigeria and Switzerland will propose an Agreed Statement to address the concepts of providing a right of translation within national territories and/or when languages are identified as official languages in national constitutions.

6. Drafting group [Singapore/African Group/EU/India/US] to work with the following proposal discussed on February 18: [A Member State/Contracting Party may confine limitations or exceptions [in its national law that fulfill its obligations] under this Article to published works which, in the particular accessible format, cannot be obtained commercially under reasonable terms for beneficiary persons in that [Member State’s] market.] [Add footnote or Interpretative Understanding that this Article does not apply to Articles D and E.]

7. Text for discussion, to be removed by February 22 if not agreed: [(B) Authorized entities shall [may] be permitted, pursuant to Article A, to distribute or make available accessible format copies to a beneficiary person in another Member State/Contracting Party without the authorization of the rightholder [if there is no authorized entity in the importing Member State/Contracting Party /if the beneficiary person is registered with an authorized entity in the importing Member State/Contracting Party].]

8. Text for discussion, to be removed by February 22 if not agreed: [In order to determine the availability of accessible format copies in the importing Member State/Contracting Party, the exporting authorized entity shall rely on information provided by an authorized entity in the importing Member State/Contracting Party and/or the rightholders and/or any other reliable source. The authorized entity in the importing Member State/Contracting Party and/or the rightholders shall provide the information requested by the exporting authorized entity, if available.]

9. Text for discussion, to be removed by February 22 if not agreed: [The Member State/Contracting Party may limit said importation to published works which, in the particular accessible format, cannot be obtained commercially under reasonable terms for beneficiary persons in the Member State/Contracting Party of importation.] [Alternative to commercial availability clause in Article D].

The negotiations on Monday were held behind closed doors. Last evening the USPTO held a 90 minute briefing for a large group of publishers, many of them foreign owned companies. KEI was told it could not attend the briefing.

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