Proposed international instrument on limitations and exceptions for persons with print disabilities

The UK is continuing to seek improvements in the international legal framework to improve access for persons with print disabilities to copyright materials.

The UK has in place legislative provisions that facilitate access to copyright material for persons with print disabilities within the UK. Similar provisions are found in other EU Member States. However there are still many countries that do not have a legislative mechanism that allows access to copyright works for persons with print disabilities. Even where countries do allow for the making of accessible copies, those copies cannot be sent to a third country (they cannot be sent across borders).

Work has been underway at the World Intellectual Property Organisation (WIPO) to find an international solution to this problem. Discussions have focussed on two key objectives: enabling international exceptions to allow the creation of accessible works and facilitating the transfer of those works across borders. The UK as part of the European Union and its 27 member states is playing a role in these discussions at WIPO.

Since 2009 four proposals have been tabled but no agreement has been reached on a single draft text. Prior to and during the June 2011 meeting of the WIPO Standing Committee on Copyright and Related Rights (SCCR), a series of informal consultations were held by some WIPO Member States and the EU, to explore points of commonality and possible convergence among the four proposals. The consultations resulted in a 'Proposal on an international instrument on limitations and exceptions for persons with print disabilities' (SCCR/22/15 REV. 1 ). This document was tabled for discussion at the meeting and was sponsored by a number of member states including the USA, the EU and its 27 Member States, Brazil, Mexico, Ecuador, Paraguay, Argentina and Australia. It was agreed in the conclusions to the meeting that this text would form the basis of further text based work at the next meeting of the Committee.

Although further discussion on this text will be needed, we consider that this document represents real progress and that it is a very positive step towards agreeing an international agreement that would improve access for persons with print disabilities to copyright materials.

Consultation

Ahead of the next SCCR meeting, we would like to consult on the current draft text so that we can feed into discussions with other EU Member States.

We welcome your views on the current text. When responding, you may wish to consider the following questions:

1. Does the text strike the right balance between rights holders and beneficiaries?
2. Does the text need amending? If so, what amendments would you propose?
3. Are there any aspects missing from the text?
4. Do you consider the text could form a joint recommendation or a treaty?
5. If a joint recommendation, what are your views on a possible two-step approach, ie a joint recommendation followed by returning to discussions on a treaty at a later date?

Response period

We would be grateful of you could let us have your comments before 9 September 2011.

We realise that this is a tight deadline, especially in the holiday season, but responses by that date will help us in further discussions.

Please e-mail Copyright Consultation with your responses. Alternatively, send to the following postal address:

Copyright and Enforcement Directorate
Room 3B49
Intellectual Property Office
Concept House
Cardiff Road
Newport
South Wales
NP10 8QQ
United Kingdom

As this is an informal consultation, we will not be publishing contributions, but you should be aware that the Freedom of Information Act 2000 (FOIA) may apply.