SV: SV: SV: SV: [governance] Re: Why standards from ISO are not

[zara]

For detailed information and analysis on the issue of copyright exceptions
for persons with disabilities, I would suggest reading (or, at 233 pages,
trying to anyway) WIPO's "Study on Copyright Limitations and Exceptions
for the Visually Impaired" :

<http://www.wipo.int/edocs/mdocs/copyright/en/sccr_15/sccr_15_7.pdf>

As the executive summary indicates, "The framework in international
treaties and conventions relating to intellectual property seems to permit
exceptions for the benefit of visually impaired people. Indeed, exceptions
seem possible with respect to a wide range of acts restricted by copyright
that might be undertaken by those making and supplying accessible copies
to visually impaired people. However, the possibility of such provision is
not specifically addressed and is not mandatory under these treaties and
conventions, although it is widely accepted that copyright laws should
provide a balance between the interests of different stakeholders. Also,
especially where several different treaties and conventions need to be
considered, the conditions that might apply to exceptions is quite
complicated and there may be some doubt regarding exceptions to the
adaptation right in particular.

In examining exceptions for the benefit of visually impaired people in
national laws, 57 countries have been found that have specific provisions
that would permit activity to assist visually impaired people unable to
access the written word, or to assist people with a print disability more
generally, by making a copyright work available to them in an accessible
form. Some of the exceptions found in these countries would also permit
other types of assistance for handicapped people, and two further
countries have been found that have exceptions that would permit, amongst
other things, audio description of broadcasts. It has not been possible in
this Study to consider to what extent exceptions of other types would
permit activity for the benefit of visually impaired people, such as
exceptions permitting private copying, use of copyright works for
educational purposes and those applying to activity in or by libraries,.
But it seems unlikely that such exceptions would provide a comprehensive
solution to the legitimate needs of visually impaired people unable
because of copyright constraints to access the written word."

And from what I understand, WIPO is considering addressing the issue
further in its next agenda. Of course, many rights holders would prefer
that international treaties and national legislation not contain copyright
exceptions for persons with disabilities as the problem of access for this
population would, according to them, reside in the cost for re-formatting
and that reduction in cost can only be achieved through cooperation with
rights holders. Additionally, there are of course concerns about abuse and
piracy. Finally, with the development of electronic formats and access
tools for persons with disabilities, many feel that copyright exceptions
would become moot as technology evolves. Personally, considering how far
behind ICT accessibility is, I will not hold my breathe on that.

Best regards,


Catherine

-- 
Catherine Roy
http://www.catherine-roy.net






On Sun, August 31, 2008 3:29 pm, Tapani Tarvainen wrote:
> On Sun, Aug 31, 2008 at 11:25:24AM +0200, Kicki Nordström
> (kicki.nordstrom at srfriks.org) wrote:
>
>> I do not know of any exceptions in international laws concerning
>> persons with disabilities! I doubt that ISO have made any exceptions
>> and ISO standards are not laws either. National laws may have
>> exceptions but not any international exceptions.
>
> I guess it depends on how you define "international", but at least
> European Union laws have such exceptions, notably in EU Copyright
> Directive.
>
>> The only mentioning of concerns is the new UN Convention on the
>> rights of persons with disabilities (CRPD). In article 30 is
>> intellectual properties mentioned which should not constitute
>> limitation for PWD. But CRPD apply only to countries that have
>> ratified the convention.
>
> There's probably nothing that applies to all countries, I'm afraid. :-(
>
> --
> Tapani Tarvainen
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