[OPLIN 4cast] OPLIN 4cast #334: Blind justice

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OPLIN 4Cast

OPLIN 4cast #334: Blind justice
May 15th, 2013

blind justiceDigital information and copyright law often do not play 
well together, so much so that it looks like Congress may be ready to 
start a "comprehensive review 
<http://arstechnica.com/tech-policy/2013/04/five-ways-congress-should-improve-the-copyright-system/>" 
of the entire copyright system. Usually we hear about this conflict as 
it pertains to sharing of copyrighted digital files - library lending of 
ebooks, for example - but in the past few weeks we have seen news that 
negotiations at the World Intellectual Property Organization (WIPO) have 
highlighted a different conflict, this one between the needs of the 
visually impaired and the revenue protections built into some current 
copyright laws. Advocates for the blind want an international exception 
to copyright that will permit conversion of content to accessible 
formats, but content producers want to require that any such exception 
pass the "three-step" test that some countries apply to limit 
interference with the right of copyright holders to make money.

  * Disney, Viacom and other MPAA members join book publishers to weaken
    a treaty for the blind
    <http://www.huffingtonpost.com/james-love/disney-viacom-and-other-m_b_3137653.html>
    (Huffington Post/James Love) "...the June 2011 text was offered to
    make it easier for countries to ratify the convention if the
    national practice was to permit uses of works for the blind under
    other more general provisions in the national copyright law, such as
    a law on fair use or fair practices, an educational exception or a
    disability rights law. As WIPO turned to an examination of broader
    copyright limitations and exceptions issues, the EU began to
    backtrack and demand additional language in the treaty for the blind
    text that would require any of the exceptions set out in the treaty
    be implemented subject to a three step test, raising questions about
    what if anything the treaty would permit."
  * On copyright and rights of persons with disabilities: WIPO treaty
    for the blind
    <http://kluwercopyrightblog.com/2013/04/19/on-copyright-and-rights-of-persons-with-disabilities-wipo-treaty-for-the-blind/>
    (Kluwer Copyright Blog/Tatiana Sinodinou) "Since the conversion to
    accessible formats is an act of exploitation which is connected to a
    new market, copyright holders have a strong interest to control it
    tightly. An example of this controversy in the USA is a case in
    which the Authors Guild objected to the Kindle 2's robotic
    text-to-speech feature, which can read Kindle books aloud in a
    synthesized voice, claiming that Amazon offered a product that was
    competitive to audio books, since it would cut into their sales."
  * Blind advocates: Hollywood lobbying threatens deal for accessible
    books
    <http://arstechnica.com/tech-policy/2013/05/blind-advocates-hollywood-lobbying-threatens-deal-for-accessible-books/>
    (Ars Technica/Timothy B. Lee) "The blind community just wants easier
    access to books. US rightsholders have other ideas. In a Wednesday
    phone interview, a spokesman for the AAP [Association of American
    Publishers] told us that any treaty that enhances access for blind
    people must be coupled with provisions that shore up the rights of
    copyright holders. His organization has also pushed for additional
    restrictions on when non-profit organizations would be allowed to
    produce accessible versions of books. These groups have the ear of
    the Obama administration, and as a result the demands of
    rightsholders have dominated recent rounds of negotiations."
  * IFLA attends Informal Session and Special Session of the Standing
    Committee on Copyright and Related Rights, 18-20 April 2013
    <http://www.ifla.org/node/7653> (International Federation of Library
    Associations and Institutions Committee on Copyright and other Legal
    Matters) "Unless substantial changes are made, reading disabled
    people around the world, particularly in developing and transition
    countries, would be granted a 'trophy treaty' that will not work on
    the ground, so they would continue to be denied or restricted in
    their enjoyment of what is a most important human right for
    everyone, the right to read which underpins every individual's
    ability to succeed in the world. This could be worse for reading
    disabled people than no treaty at all as it would not be reopened
    for decades to put it right."

*/Better news fact:/*

The news recently has not been all bad for the blind. On May 1, Amazon 
announced 
<http://newsbreaks.infotoday.com/NewsBreaks/Amazon-Finally-Begins-Work-to-Make-Kindles-ADACompliant-89531.asp> 
some new features for the Kindle that will improve accessibility for the 
visually impaired.
------------------------------------------------------------------------
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