"Visually impaired" - Google News - Monday, August 19, 2019 at 2:00 PM
Accessible book format for the persons with visual impairments - The Daily Star
Intellectual property (IP) system often faces ethical conundrums when it comes
to serve the poor segment or to secure larger societal goals instead of
protecting corporate interests. Likewise, book famine for visually impaired
persons or persons otherwise with print disability has been a longstanding
pressing issue all over the world. The prevailing copyright system has somehow
not been conducive for the reproduction of accessible format of books for them.
It is, however, a news of hope that the World Intellectual Property
Organisation (WIPO) has adopted the Marrakesh Treaty to Facilitate Access to
Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise
Print Disabled in 2013 with effect from 2016. This treaty is unique at least in
four aspects. Firstly, it departs from traditional author-centric IP
proposition by setting the users-centric approach, namely focusing on the
mandatory copyright exceptions and limitations for the persons with visual
impairments. Secondly, the treaty is mainly motivated by the broader social
goals than protecting the private rights of the authors or publishers. Thirdly,
it is the first international IP treaty that explicitly recognises users’
rights and sets the primary goal to protect and facilitate the same. Finally,
it has explicitly recognised and reinforced the core human rights norms,
including the principles of equality, non-discrimination, equal opportunity and
so forth while setting its goals.
The Marrakesh Treaty has been devised with obligations for member States to
mandatorily set up the exceptions and limitations in their respective domestic
copyright laws so that accessible book format can be available for the blind,
visually impaired and otherwise print disabled (article 4). The persons who are
with visual impairments are called beneficiaries (article 3). Despite the major
disagreements between representatives of developed and developing worlds, it is
agreed that “literary and artistic works in the form of text, notation and/or
related illustrations, whether published or otherwise made publicly available
in any media” shall be covered under this treaty. The treaty allows the
authorised organisations, be it governmental agencies or non-profit
organisations (designated by the member State), to make and exchange those
accessible book format within its own jurisdictions and territories of other
members of the treaty (article 5). Thus, this will create an atmosphere of
cooperation and collaboration between the member States of the treaty which
will ultimately increase the volume of accessible books for the persons with
visual impairments. Most importantly, this will reproduce, distribute, make
available to the public of copyrighted works yet will not be deemed
infringement because of the exceptions and limitations enshrined in the
national copyright law in pursuant to the treaty. Even, this treaty allows the
importation of accessible format copies without the authorisation of right
holders (article 6). It also addresses the right to privacy issue of the
beneficiaries and directs that technological circumvention in any manner must
not hinder the enjoyment of rights of the beneficiaries (articles 7-8). The
treaty has left the discretionary powers to the member States to adopt and
implement own practices in dealing with the significant matters concerning the
accessibility of book format for the persons with visual impairments and its
implementation mechanisms.
The WIPO has established “information access point” for this treaty to ensure
sharing of information by the members and facilitate cooperation among the
members. Obviously, it will help in better implementation of the treaty both in
domestic arena and across borders. In addition, it has also initiated
Accessible Books Consortium (ABC) project to create and make available
accessible formats in braille, audio and large print.
In Bangladesh, we have been facing the dearth of accessible format of books or
other educational resources for the persons with visual impairments. Many
libraries of our educational institutions do have required educational and
research materials for visually impaired students and researchers. Moreover,
the copyright issues are dealt with in the Copyright Act, 2000 according to
which making accessible format without author’s authorisation may constitute an
infringement (section 71) even though there are certain exceptions and
limitations covering ‘fair use’ or ‘educational use’, etc. (section 72).
Without specific legislative exceptions or limitations in the existing
copyright law (which Bangladesh would be able to put in if it joins the
Marrakesh Treaty), any endeavours of transforming accessible book format may
infringe the original right of reproduction, distribution, making available to
the public of copyrighted materials. Considering the significance and benefits
of the treaty, many jurisdictions such as the UK, the EU, China, Canada and
India, have already become parties to the treaty.
After serious analysis of pros and cons, Bangladesh should consider actively to
accede to the Marrakesh Treaty, thereby making necessary legislative changes in
the domestic copyright law enabling the accessible format of books or other
resources for the persons with visual impairments.
The writer is Senior Lecturer in law, East West University, Bangladesh.
https://www.thedailystar.net/law-our-rights/rights-advocacy/news/accessible-book-format-the-persons-visual-impairments-1787554
David Goldfield
Assistive Technology Specialist
Feel free to visit my Web site
WWW.DavidGoldfield.info<http://WWW.DavidGoldfield.info>
