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Showing posts with the label exceptions

What is in the Treaty of Marrakesh?

The View from an Authorized Entity  Many Bookshare users (and potential Bookshare users!) have been asking about the Treaty of Marrakesh (formal name: The Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities. What’s in it; what does it mean; how does it affect Bookshare members? In the popular online acronym, IANAL (I am not a lawyer). However, as the founder of the Bookshare online library, we have a great deal at stake in how the Treaty gets implemented. Although it might seem like a complicated document , we’re really excited about it because we think it will greatly improve global access for people with bona fide print disabilities. Here’s our laymen’s take on the major provisions of the Treaty. The Treaty of Marrakesh, Top Issues: What’s the goal of the Treaty? The goal of the Treaty is to end the book famine for people who are blind, visually impaired or otherwise print disabled. Ultimately, t...

We Have a Treaty…and It’s Great!

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I’ve been actively advocating for an international copyright exception model that would greatly benefit people with disabilities, as anyone who has read my blog over the years can attest! My passion at Benetech for the last twenty-five years has been making technology tools to meet the reading needs of people who are blind, dyslexic or have other print disabilities. After all, Benetech’s Bookshare initiative is the largest online library serving people with print disabilities in the world.  We help more than 250,000 people with print disabilities thanks to our U.S. copyright exception. We could serve many more with a comparable international model. Diplomatic leaders gathered in Marrakesh, Morocco Last month, leaders from around the world gathered in Marrakesh, Morocco, with the hope of taking a huge step forward and designing that international model. I’m excited to report: they did just that. The “ Marrakesh Treaty to Facilitate Access to Published Works for Persons Wh...

Benetech's Statement to the Treaty Delegates in Marrakech

Benetech, my nonprofit organization operates Bookshare, the largest online library dedicated to serving blind and print disabled people. We have 197,000 books available in the United States today, and serve 250,000 people , mainly in the United States, but also in 40 other countries. Our library is made possible both by a domestic copyright exception that makes it possible for us to add any book requested by a blind person to our library, as well as strong cooperation with publishers who provide many of their books directly to our library for free, including the rights to serve people in certain other countries. Our library is unusual, in that our charter is to serve all people with print disabilities of the world, not just those in our country. Our focus is on carefully vetting each person as having a qualified print disability through working with trustworthy institutions in our own and other countries, and then letting qualified users loose in a library without limits! And, j...

Breakthrough on Global Access at WIPO in Geneva!

There has been a major breakthrough recently on international copyright negotiations in Geneva around improved access for people who have print disabilities. Through negotiations, four competing proposals have been merged into a single document supported in June by the Latin Americans (led by Brazil), the U.S., the European Union and others. Here are some questions and answers I've prepared on this topic, based on my recent trip to Geneva to attend the first week of discussions on the issue. 1. Question: What are the two key points of the document? Answer : • Countries should provide for a copyright exception in their national laws to allow nonprofit organizations serving people with disabilities to make accessible versions of inaccessible books and other content • Import and export of such accessible materials shall be permitted 2. Question: Why is this a good idea? Answer : A copyright exception makes it much easier for people with print disabilities to get access to the material...

Our WIPO Statement on the Treaty for Access for People with Disabilities

Statement of Benetech to the 22nd Session of the Standing Committee on Copyright and Related Rights at the World Intellectual Property Organization June 15, 2011, Geneva, Switzerland • Greetings from California’s Silicon Valley! I’m a high tech engineer and the founder of Benetech, one of Silicon Valley’s leading nonprofit technology companies, dedicated to seeing that the benefits of technology help all of humanity, not just the richest 10% • As a nonprofit charity, we focus on areas of market failure, where regular for-profit companies have decided that the market opportunity for a given product is not large enough • One of our best-known programs is the Bookshare library, the largest online library of accessible books in the world, a library dedicated to serving the one or two percent of the population with a severe print disability • Since I last spoke to this body less than one year ago at SCCR20, the Bookshare library has grown from serving 100,000 people with print disabilities...

Authorized Entities <> Trusted Intermediaries

A hot topic at the SCCR20/WIPO discussions in Geneva on global access to materials by the print disabilities is the term "Trusted Intermediaries"("TIs"). This was first introduced (to my knowledge) in the Stakeholder's Platform discussions, which were the quickly ginned-up alternative option created in response to the original introduction at WIPO of the Treaty for the Visually Impaired ("TVI") by Brazil, Ecuador and Paraguay (and now co-sponsored by Mexico). The concept of TIs uses U.S. and similar copyright exceptions as a starting point. In the U.S. exception, Section 121, posted at Bookshare as the Chafee Amendment, the term is "authorized entities." In the statute: "authorized entity" means a nonprofit organization or a governmental agency that has a primary mission to provide specialized services relating to training, education, or adaptive reading or information access needs of blind or other persons with disabilities; I...

Reply Comments on the Proposed Treaty for Access to Copyrighted Works

We filed the following comments to the Copyright Office's request for comments on issues about access for people with print disabilities. Background on this can be reviewed at the Knowledge Ecology International website. December 4, 2009 Benetech’s Reply Comments in response to the Copyright Office Notice of Inquiry and Request for Comments on the Topic of Facilitating Access to Copyrighted Works for the Blind or Other Persons With Disabilities The issue all comes down to human rights vs. money. The human rights issue we’re discussing are the human rights of people with disabilities that cannot effectively use the printed word. The printed word is essential for education, employment and social inclusion. The status quo is that people with print disabilities are experiencing a book famine. And famines have consequences. Most of this community doesn’t have access to formal education, most of this community doesn’t have access to jobs and most of this community isn’t recognized by l...