Marrakesh Treaty to Facilitate Access - Francois Hendrikz

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  • Marrakesh Treaty to Facilitate Access - Francois Hendrikz

    1. 1. Francisco J. MartinezCalvo National Organization of Spanish Blind Persons Francois Hendrikz Director: South African Library for the Blind
    2. 2.  It was and is a twofold problem – lack of legal provisions for: Local production and distribution of books in accessible formats.  Cross-border distribution of books in accessible formats to institutions and individuals.   An international binding instrument, i.e. a World Intellectual Property Organization (WIPO) Treaty for the Visually Impaired. LIASA CONFERENCE 2013 – CAPE TOWN
    3. 3. World Intellectual Property Organisation (WIPO) Marrakesh Treaty International Publishers and related organisations World Blind Union & Community LIASA CONFERENCE 2013 – CAPE TOWN
    4. 4.     Books in accessible format are difficult and expensive to produce. First-world institutions can only produce 5-7% of all published books. Less developed countries between 0 and 1%. Accessible books in the same language are produced as many times as countries where that language is spoken. Cross-border distribution reduces doubleproduction and makes books available to nonproducing countries. LIASA CONFERENCE 2013 – CAPE TOWN
    5. 5. “First they ignore you, then they laugh at you, then they fight you, then you win.” (Mahatma Gandhi)    Started in 1981 – WIPO/UNESCO Working Group An Agenda item since 2004 of the Standing Committee on Copyright and Related Matters (SCCR) of WIPO 2009 – Draft Treaty presented to Standing Committee on Copyright and Related Rights (SCCR-18) for consideration.  Brazil, Ecuador and Paraguay
    6. 6.    Adopted in Marrakesh Morocco) on June 28th, 2013. It is the treaty that the World Blind Union and its partners wanted. 4 big threats addressed: Commercial availability.  Cross-border distribution to beneficiaries.  TPMs (Technical Protection Measures).  “Voluntary registry”.  LIASA CONFERENCE 2013 – CAPE TOWN
    7. 7.  WORKS – Any publicly available literary or artistic work in text, notation, illustration, and audiobooks. Not films.  ADAPTATION – Perform all changes necessary to make it accessible.  AUTHORISED ENTITIES  Provides services to VIPs on a non-profit basis  Organisations providing those services as “one of their primary activities or obligations”.  BENEFICIARIES – persons who are blind, visual impaired, with a perceptual, reading, or physical disability that makes reading print impossible or someone acting on their behalf. LIASA CONFERENCE 2013 – CAPE TOWN
    8. 8.  Signatory countries need to provide (if not in place already) an exception to allow production and distribution of books in accessible formats at national level.  Books can be distributed by any means, including online distribution.  Exception can be expanded and narrowed – commercial availability. LIASA CONFERENCE 2013 – CAPE TOWN
    9. 9.  Works produced in a lawful manner can be sent to other Contracting Parties – To authorized entities  To beneficiaries   Check that the person receiving the book is a beneficiary.  Authorized entities and beneficiaries can import accessible books if they have a domestic exception in place. LIASA CONFERENCE 2013 – CAPE TOWN
    10. 10.  Technical Protection Measures (TPM) cannot harm the purpose of the treaty.  It does not say how – it does not authorize circumvention, but it does not prohibit it either...  TMPs applied by authorized entities can still be applied when necessary. LIASA CONFERENCE 2013 – CAPE TOWN
    11. 11.  Guidelines to Contracting Parties to help and promote cross-border distribution: Information access point at WIPO’s International Bureau  Assist authorized entities in sharing information  Making information about authorized entities’ policies and practices available  LIASA CONFERENCE 2013 – CAPE TOWN
    12. 12.   Protection of beneficiaries’ privacy (their disability and what they read). Any country can become a Contracting Party regardless of its legal tradition. It does not clash with any other international treaty or norm. LIASA CONFERENCE 2013 – CAPE TOWN
    13. 13.    51 countries signed in Marrakesh. 1 year for signature by WIPO member countries (June 28th, 2014). 20 ratifications required to enter Treaty into force. LIASA CONFERENCE 2013 – CAPE TOWN
    14. 14.  Issue an official LIASA statement/position paper  Lobby Government to sign/ratify the Treaty  Partner with other organisations (SA National Council for the Blind Coalition; National Council for Library & Information Services; Universities; Non-Governmental Organisations, etc.)  Engage: Departments of Trade & Industry; Women, Children & People with Disabilities; Basic Education; Higher Education; Arts & Culture)  Call for the Treaty to be signed into national Copyright law and assist/participate in the process.  Encourage libraries to become authorized entities and implement services  Be realistic - it is not a quick process
    15. 15. T H A N K director@salb.org.za Y O U
    16. 16.  Full text of Treaty  http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=245323  Treaty explained  http://www.worldblindunion.org/English/news/Pages/The-Treaty-of-Marrak

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