PT Journal
AU Nwanko, I
TI Proposed WIPO Treaty for Improved Access for Blind, Visually Impaired, and Other Reading Disabled Persons
SO JIPITEC
PY 2011
BP 203
EP 216
VL 2
IS 3
DE EU Copyright Law; Reading Disabled Persons; TRIPS; Threee Step Test; Vissually Impaired People
AB Although the world’s attention has on several occasions been turned to the plight of the visionimpaired, there has been no international copyright instrument that specifically provides for limitationsor exceptions to copyright for their benefit. Such an instrument becomes imperative amidst the grow-ing number of persons in this category and the need to facilitate their access to information that will givethem the opportunity to participate in public affairs. Brazil, Ecuador, Paraguay, and Mexico (Braziliangroup) seek to fill this gap by submitting to the WIPO’s Standing Committee on Copyright and Related Rightsa draft treaty for Improved Access for Blind, Visually Impaired and Other Reading Disabled Persons. How-ever, this proposal has generated a lot of reactions, resulting in three other such proposals being submit-ted to WIPO for deliberations. Copyright owners have also opposed the treaty. Amidst these reactions, thiswork seeks to analyze the compatibility of the Brazilian group’s proposal with the TRIPS three-step test,which has enjoyed a great deal of international recognition since its inclusion in the Berne Convention.It also seeks to find its compatibility with EU copyright law as harmonized in the Directive 2001/29/EC.In the end, we conclude that the proposed treaty is in harmony with the three-step test, and though it hassome variations from the EU Copyright Directive, it nonetheless shares some underlying objectives withthe Directive and does not radically depart from what prevails in several EU member states.
ER