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

[Kicki Nordström]

Dear   Catherine,

Thanks for taking your time and send this on the list, it is helpful! But then it comes to copyright exceptions, even if stated in a declaration, it is not binding on States! Only Conventions that are ratified by each State, it can be binding for that State! There are several countries that have (despite CRPD) adopted copyright exceptions for blind and visually impaired persons, like Sweden, but those countries are not in majority and only 34 have ratified CRPD. The good thing however, is that none of those 34 have made a reservation on article 30 paragraph 3, on intellectual properties exceptions! 

Kind regards
Kicki 


Kicki Nordström
Synskadades Riksförbund (SRF) 
World Blind Union (WBU)
122 88 Enskede
Sweden
Tel: +46 (0)8 399 000
Fax: +46 (0)8 725 99 20
Cell: +46 (0)70 766 18 19
E-mail: kicki.nordstrom at srfriks.org 

kicki.nordstrom at telia.com (private) 


-----Ursprungligt meddelande-----
Från: zara [mailto:ecrire at catherine-roy.net] 
Skickat: den 31 augusti 2008 23:07
Till: governance at lists.cpsr.org; Tapani Tarvainen
Ämne: Re: SV: SV: SV: SV: [governance] Re: Why standards from ISO are not

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
> ____________________________________________________________
> You received this message as a subscriber on the list:
>      governance at lists.cpsr.org
> To be removed from the list, send any message to:
>      governance-unsubscribe at lists.cpsr.org
>
> For all list information and functions, see:
>      http://lists.cpsr.org/lists/info/governance
>



____________________________________________________________
You received this message as a subscriber on the list:
     governance at lists.cpsr.org
To be removed from the list, send any message to:
     governance-unsubscribe at lists.cpsr.org

For all list information and functions, see:
     http://lists.cpsr.org/lists/info/governance
____________________________________________________________
You received this message as a subscriber on the list:
     governance at lists.cpsr.org
To be removed from the list, send any message to:
     governance-unsubscribe at lists.cpsr.org

For all list information and functions, see:
     http://lists.cpsr.org/lists/info/governance