The heavy hand of commerce has dealt a blow to the efforts of blind and disabled people around the world to get reading materials in special formats excluded from copyright restrictions. The United States and the European Union have resisted the move to adopt a legally binding treaty under the World Intellectual Property Organisation, aimed at helping the disabled. Such a treaty would facilitate the creation and international distribution of books for people with visual impairment, or forms of disability that prevent them from reading printed text. Books in Braille, electronic text or audio format could then be produced without copyright restrictions and shipped to millions of disabled individuals around the world, particularly in developing countries. Regrettably, the affluent nations pressed on with their backward looking policy at the 24th session of the WIPO Standing Committee on Copyright and Related Rights in Geneva. Under the shadow of lobbies, they have avoided a commitment to a binding treaty and postponed any progress to the next meeting of the SCCR. Only after it clears that hurdle can the text be put through the formal procedures of the WIPO for adoption. This is a disappointing negation of the provisions of the Convention on the Rights of Persons with Disabilities, which call upon state parties to take all measures to provide access to cultural materials in accessible formats.
For nearly 285 million blind and vision impaired individuals in 190 countries, being able to access books in special formats such as Braille and audio books is essential for active participation in the community. India, with a large number of such individuals, has a lot more to do to make actual materials available, but it has taken the progressive step of amending its copyright law to allow special format production for the disabled. It must use its global voice in support of the developing countries, who look forward to an agreed text at the WIPO SCCR. That will pave the way for a diplomatic conference to be held in 2013, and the adoption of the agreement. Unless governments agree to remove copyright as a barrier to the creation of special format materials, visually impaired and disabled people will be prevented from leading rich and satisfying lives. It is shocking that the fear of marginal loss of revenue for publishers should be allowed to come in the way of basic human decency. The European Parliament has already recognised the importance of the proposed WIPO move and endorsed the call for limitations on copyright to help the blind and vision impaired; the EU officials, however, ignored that mandate at Geneva. The U.S. and the EU must stop blocking this path-breaking treaty.
Keywords: World Intellectual Property Organisation, WIPO Standing Committee, EU officials, European Parliament
Let us begin human decencey and rights of the disabled in India before blaming other countries for not waving patent rights for printed materials specially made for the blind. There is much better human decency and rights for disabled in those countries than in India. For example, a disabled person in a wheel chair can go on any footpath, cross the street, get into bus or taxi or elevated train platform in his wheel chair without anybody's assistance. All public and private buildings are acessable to wheel chair persons. The governments provide disability pensions, contribute for home care of the disabled and provide tax credits for hiring the disabled. Discrimination against the disabled is illegal. President Roosvelt of the US was a disabled person in wheel chair and yet became president four times, a record for any US president! How many decades it will take for India to reach that level of human decency and rights for the disabled? How many blind persons in India can read Brailey?
human rights violation is at its peak,million cases have already registered in case file.but the result is unknown.so the authority will take more decision on human rights.
To Piyush as above ... 'human decency' could be the loser if no treaty or instrument happens at all which is still quite the possibility if those in the disability rights commujnity continue to take an all-or-nothing approach to the ongoing (and further ongoing) negotiations.
To those who would respond to my comment -- Structuring a proposal that would result in a wholesale re-working of the international copyright system has resulted in the inertia witnessed at WIPO SCCR24 this past week. Given the definition of 'Beneficiary Persons' in the current working document, persons with a visual disability would be a small component of those disabilities that might be eligible.
So while it is easy to describe a world where all those who have difficulty accessing the printed word can get an accessible copy FOR FREE, getting such international legislation enacted is a whole 'nother story. There is existing copyright law in the major exporting countries which I have implored those in the disability community to use to a greater extent -- they say 'No, we want a binding treaty and we will accept nothing else.'
... and I do high quality Braille work for those who are blind and for whom it would be otherwise unavailable -- what do you do?
Today we are living in 21th century when we claim that we respect human
rights.But this case shows the real picture is not the same.We can only
say better sense must prevail.Because those visually impaired persons
are our sister and brothers.
Better sense must prevail. It makes no sense to not removing copyright restrictions. Removing copyright restrictions will enable publishing books in a format that could be useful to the visually impaired. Every effort must be made to hep such people who do not have the privilege like others who could read. It is important that the authorities concerned will be lenient to this unprivileged and unfortunate class of people.
A great step towards the resuscitation of the condition of the blinds and disabled but on the other side an execrable act of stymying the efforts taken for their betterment. The U.S. and the EU must understand the importance of this treaty and approbate it witout any procrastination.
This is a response to Mr Miller's comment above. You say,
"Your comment -- It is shocking that the fear of MARGINAL LOSS of revenue for publishers should be allowed to come in the way of basic human decency -- is really just your opinion. 'Human decency' in the end could be the loser. "
Indeed, it is the writer's opinion, but at least (s)he gives reasons for why it is a reasonable opinion. On the other hand, you would have us believe, by sheer force of assertion, that somehow increasing availability of works for people with disability could end up making "human decency" a loser. How, may I ask? Or perhaps it is just an opinion like that of the writer, but very much unlike it in the sense that it is completely innocent of reality?
Even for something where the blind will be getting a new lease of life and get to read and enjoy all that we as a common man get to do, here enter the publishers with their copyright violations and laws.Where is the world heading to.Shouldnt the publishers give a thought to this, almighty has given them 2 eyes,isnt it their responsibility to help someone and give back to the society rather than bringing numbers and margins here also.
The RNIB in their response to the recent UK IPO Consultation noted that 1 in 8 persons would have a print disability that might qualify them for the proposed WIPO Copyright Treaty exemption -- which I would presume would mean over one hundred million persons in India alone. The number of copies of a book in circulation under this copyright exemption -- as they would be for free -- could well exceed those in paid circulation.
Your comment -- It is shocking that the fear of MARGINAL LOSS of revenue for publishers should be allowed to come in the way of basic human decency -- is really just your opinion. 'Human decency' in the end could be the loser.
Note that I am a US Library of Congress Certified Braille Transcriber.
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