.
DISABILITIES :
EDUCATION: READING :
INFORMATION ACCESS :
COPYRIGHT:
Support for Instrument on Copyright Exceptions, Reading-Disabled Treaty
Support for Instrument on Copyright Exceptions, Reading-Disabled Treaty
SUNS #6709 Friday 29 May 2009
Third World Network (TWN)
<http://www.twnside.org.sg/title2/intellectual_property/
info.service/2009/twn.ipr.info.090602.htm>
A shorter URL for the above link:
<http://tinyurl.com/yajmd4c>
The text of the proposed treaty is one that was proposed by the World
Blind Union (WBU) at last November's SCCR meeting. The proposed treaty is
intended to facilitate and enhance access to protected works for the
blind, visually impaired, and other reading-disabled persons.
The proposed treaty is historic in WIPO, as it proposes carving out
minimum E&L in the interest of the public, as opposed to giving more
rights to the right-holders, which is usually the subject of discussion at
the SCCR.
The issue of E&L gained momentum following a proposal by Brazil, Chile,
Nicaragua and Uruguay at the sixteenth SCCR meeting (in July 2008) that
the SCCR be committed to creating mandatory minimum E&L through means it
deems appropriate. The sixteenth session of the SCCR was the first meeting
to formally include the E&L on the Committee's agenda.
In a note attached to their proposal, the proponents of the treaty state
that by undertaking such an initiative, "WIPO would act in accordance with
the efforts undertaken by the UN to address the need for enhancing access
to knowledge for the most vulnerable or socially prioritized sectors".
"Establishment of formal negotiations on limitations and exceptions would
contribute to the broader aims of the Development Agenda, particularly the
ones related to norm-setting," the note further adds.
Generally, the proposed treaty received strong support from developing
countries and public interest groups. Some countries proposed launching
negotiations on the basis of the proposed treaty.
The African Group sought an even more ambitious action on E&L, suggesting
a broader treaty framework that would reflect the Development Agenda and
include elements such as access to knowledge in the areas of education,
research and transfer of technologies.
In introducing the proposed treaty on Wednesday, Brazil said that its
proposal was an example of norm-setting for E&L for copyright for persons
with disabilities, libraries and archives, educational activities and to
foster technological innovations. It also said that the "text was not set
in stone", adding that there was "consensus in the field of values" and
"what we need now is the political will and a pragmatic spirit".
Ecuador, another proponent of the proposed treaty, said that the proposal
was aligned with the objectives in the UN Convention on the Rights of
Persons with Disabilities - i. e. "to promote, protect and ensure the full
and equal enjoyment of all human rights and fundamental freedoms by all
persons with disabilities, and to promote respect for their inherent
dignity".
It added that the success of the IP system relies on the balance between
public and private interest and that the best way to broker the balance
was to develop E&L.
It also said that there were 37 million blind people and 124 million
people with low vision worldwide. 90 % of the visually impaired persons
(VIP) live in developing countries, it added.
Paraguay said that it was convinced of the need to expand the proposed
treaty to other groups with special needs. "We want to see a strong debate
on this subject," it added.
Developing countries showed broad support for discussions on mandatory
international instruments on minimum exceptions and limitations (E&L) to
copyright, including the proposed treaty in the SCCR.
<snip>
Copyright treaty backing e-books for disabled readers survives US and EU
resistance
OUT-LAW News
03/06/2009
<http://www.out-law.com/page-10059>
A proposed treaty that would change copyright laws to allow the supply of
books across borders for the benefit of blind people has survived
resistance from the US, UK, France, Germany and other countries.
A committee of the World Intellectual Property Organisation agreed on
Friday "to continue without delay" its work on "facilitating the access of
blind, visually-impaired and other reading-disabled persons to
copyright-protected works."
At the heart of this work is a treaty proposed by the charitable
organisation World Blind Union (WBU) and written with the help of the UK's
Royal National Institute of Blind People (RNIB) .
RNIB campaign manager Dan Pescod attended the five-day meeting in Geneva.
Pescod told OUT-LAW today that the UK and the US were among a group of
countries that did not support the treaty and preferred 'soft options',
though they stopped short of formally opposing it.
Around 95% of books are never published in any format other than standard
print, according to the WBU. But visually impaired people need books in
other formats, such as large print, Braille and audio. People with other
disabilities, such as cognitive impairments, can also find themselves
'print disabled'.
"Imagine if you walked into a bookshop or library, and were told that you
were only allowed to choose from five percent of the books on the shelf,"
said WBU president Dr William Rowland in a speech last year. "What would
such a limited choice do to your education, to your leisure reading
opportunities?"
The WBU, RNIB and others have prepared a draft treaty that would relax
copyright restrictions to allow the creation and supply of accessible
books without the need for prior permission from the copyright owner. The
treaty requires this generally to be done on a non-profit basis.
In some countries, it is already legal to create accessible books without
permission. It was made legal in the UK by the Copyright (Visually
Impaired Persons) Act, passed in 2002. But that law is limited in scope.
The rights are limited to visually-impaired persons so while a person
with dyslexia might benefit from a large-print book, or an electronic book
which can be played using text-to-speech conversion software, the law does
not facilitate that person.
Also, the UK law, like equivalent laws in other countries, does not allow
the supply of a digital book to a customer overseas.
The WBU treaty, if signed and ratified in its present form, would lift
these restrictions. It seeks to protect all 'reading disabled' persons and
it allows the supply across borders of accessible works, as a Braille hard
copy or as an e-book. At present, a tiny fraction of books that are
available in accessible formats can be supplied across borders because
their export requires the agreement of rights holders.
Copyright and Print Disability : Frequently Asked Questions (FAQ)
See also: media release on copyright changes (May 2006)
Version 1.2
October 2004
Australia. Australian Human Rights Commission
<http://www.hreoc.gov.au/disability_rights/education/copyfaq.htm>
1. Introduction
This list of Frequently Asked Questions (FAQ) has been compiled by a
committee established by the Australian Human Rights Commission (the
Commission) that included representatives from government, the publishing
industry, and copyright administrators.
The purpose of the FAQ is to assemble basic information about how the
copyright legislative and administrative regime affects producers and
users of accessible-format material (audio, Braille, e-text and
large-print) in Australia. It is important to stress that, in some cases,
definitive answers are not possible, mainly because of rapidly-changing
technologies. Copyright regimes attempt to balance the rights of authors
against the rights of end-users. In the case of end-users who have a print
disability, there is the added responsibility to ensure that the aims and
objects of the Disability Discrimination act (DDA) are promoted as far as
possible.
The information contained in this FAQ will be of interest to:
People who have a print disability
Organisations that produce accessible-format materials for use by people
with a print disability;
Educational institutions whose client group (potentially) includes people
with a print disability.
Although every attempt has been made to ensure that the information
provided below is accurate and useful, it should not be seen as a
substitute for legal or other professional advice, and we recommend that
you seek specialist advice if you want professional assurance that the
following information, and your interpretation of it, is appropriate to
your particular circumstances.
Covered in this FAQ:
2. General Information on Copyright in Australia
2.1. What is copyright?
2.2. How long does copyright last?
2.3. What law governs copyright in Australia?
2.4. Are there any international laws affecting copyright?
<http://www.austlii.edu.au/au/other/dfat/
subjects/Intellectual_Industrial_Property.html>
A shorter URL for the above link:
<http://tinyurl.com/yafw3aa>
2.5. How do I know if a work is subject to copyright?
2.6. When is copyright infringed?
2.7. What happens if I infringe copyright?
2.8. When may I copy a work?
a. Permissions
b. Fair dealing
c. Statutory licences
3. Questions about copyright for individuals with a print disability and
institutions that provide material in accessible formats.
The questions and answers in this section assume familiarity with the
material contained in Section 2 of this document. Australia.
3.1. How does the Copyright Act define print disability?
3.2. What is meant by an 'institution assisting persons with a print
disability'?
3.3. How can an organisation become an 'institution assisting persons with
a print disability' and take advantage of the statutory licence?
3.4. Exemptions
3.4.1. What exceptions to infringement under the Copyright Act are
relevant to people with a print disability?
3.4.2. What are the limitations on exemptions to the Copyright Act for
people with a print disability and institutions assisting them?
There are different limits on what may be copied and communicated by
individuals with print disabilities, and by institutions assisting people
with a print disability under the special provisions in the Copyright Act.
In particular, institutions are not entitled to rely on these provisions
where copies of the relevant versions are already commercially available.
3.4.3. Can individuals who have a print disability reproduce a work in an
accessible format?
3.5. Statutory Licence Exemption
3.5.1. How does the Statutory Licence exemption work?
3.5.2. How do I know if the special rules for people with a print
disability apply to my organisation?
3.5.3. How do institutions take advantage of the Statutory Licence
provisions?
3.5.4. Are all forms of copyright material covered by the statutory
licence?
3.5.5. Under what circumstances can an institution assisting persons with
a print disability reproduce a work?
3.5.6. Does the statutory licence permit reproduction of a work in an
accessible format?
3.5.7. Can an institution assisting persons with a print disability create
a master of the work?
3.5.8. Can an institution assisting persons with a print disability get
someone else to create a master on its behalf (for example, a student, an
individual or another organisation)?
3.5.9. Is there a limit to the number of subsequent copies that can be
made from a Master?
3.5.10. Can an institution assisting persons with a print disability
charge for copies made under the statutory licence?
3.5.11. Can an institution assisting persons with a print disability make
works available on an intranet site?
3.5.12. Can copyright owners grant permission to institutions to reproduce
works in an accessible format outside the statutory licence scheme?
3.6. Copy protection and Circumvention Devices
3.6.1. What is a 'technological protection measure'?
3.6.2. What is a circumvention device?
3.6.3. When can a circumvention device be used to circumvent a TPM?
3.6.4. Is an Adobe Acrobat PDF a TPM?
4. For more information
The information contained in these frequently asked questions and answers
has been drafted collaboratively by:
Commonwealth Attorney-General's Department,
Australian Copyright Council,
National Library of Australia,
Australasian Performing Right Association/Australasian Mechanical
Copyright Owners Society,
Australian Human Rights Commission,
Round Table on Information Access for People with Print Disabilities Inc.,
National Information and Library Service (NILS),
Australian Vice-Chancellors' Committee (AVCC),
Blind Citizens Australia (BCA),
Australian Publishers Association,
Pearson Education Australia,
NSW Department of Education and Training,
Copyright Agency Limited (CAL).
Any of these organizations can provide you with more information about
copyright.
[There are no links on this web page for the list of organizations
immediately above.]
Guidelines for Assisting People with Disabilities
The University of Melbourne
Australia
<http://www.unimelb.edu.au/copyright/information/fastfind/disable.html>
There are a number of provisions in the Copyright Act that will allow
material to be reproduced in accessible formats to assist people with
disabilities. The intended purpose and audience will determine which
provision will apply. In most circumstances, the situation will need to be
judged on a case-by-case basis. These guidelines, which outline the
various provisions and how they can be used to assist people with
disabilities, may assist. For further advice please contact the Copyright
Office.
Overview of Copyright
Print Disability Provisions
Intellectual Disability Provisions
Statutory Licences for Education Purposes
Fair Dealing for the purpose of research & study
Personal Use
s 200AB - 'Certain Special Purposes'
Seeking Permission
Further Information
Copyright - Are people with sensory-disabilities getting a fair deal?
Denise Rosemary Nicholson,
University of Witwatersrand
<http://pcf4.dec.uwi.edu/viewpaper.php?id=379&print=1>
Abstract
Copyright has become a barrier to accessing information, particularly in
developing countries. Many developing countries have signed international
intellectual property agreements, which set down minimum standards for
copyright protection. For various socio-economic and political reasons,
most, if not all of them, have not yet incorporated all these requirements
into their national copyright laws. Nor have they taken advantage of the
legal limitations and exceptions allowed in these international
agreements. This means that developing countries do not have provisions
for persons with visual, aural or perceptual disabilities in their
national copyright laws. As a result, copyright laws restrict or block
access to information for persons with sensory disabilities and often
override their fair use rights. Many of these people are distance learners
because of their disabilities. This presentation will show, from a South
African perspective, that copyright laws do not address people with
sensory-disabilities or distance learners. It will give some practical
examples where people with sensory-disabilities are not getting a fair
deal at all!
Copyright and Students with Print Disabilities
Copyright Seminar
October 2008
Heather Cross
Carleton University Library
Canada
<http://www.library.carleton.ca/joymaclaren/copyright_disab.html>
Digital copyright and disability discrimination: From braille books to
bookshare
Suzor, Nicolas P. and Harpur, Paul D. and Thampapillai, Dilan (2008)
Digital copyright and disability discrimination: From braille books to
bookshare. Media & Arts Law Review, 13(1). p. 1.
Queensland University of Technology
Australia
<http://eprints.qut.edu.au/13337/>
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1138809>
In Australia, blind people are able to access texts in braille and books
on tape, but the demand for these media is decreasing. Blind people today
are increasingly reliant on texts in electronic form, and these are much
less readily available in Australia. Electronic texts are more portable
and less cumbersome than large braille volumes, and are much faster to
navigate than audio recordings. However, in Australia it is difficult for
blind people to get access to a wide range of electronic texts and there
exists no scheme enabling such access. At the same time sighted people are
using electronic text and other digital media at an ever-increasing rate.
In order to approximate the same level of access as sighted people, blind
people require access to accessible electronic versions of all published
material. The authors suggest that given the legal imperatives of
Australias domestic legislation, treaty obligations and social values,
that there exists a moral imperative to create a scheme providing blind
people with access to digital print media.
World Library and Information Congress:
70th IFLA General Conference and Council
22-27 August 2004
Buenos Aires, Argentina
Programme:
http://archive.ifla.org/IV/ifla70/prog04.htm
Towards the Ideal: Steps to Improved Access
Victoria Owen
Director, CNIB Library
Toronto, Canada
[log in to unmask]
<http://archive.ifla.org/IV/ifla70/papers/121e-Owen.htm>
Abstract: The Library of the Canadian National Institute for the Blind
(CNIB), a leader in library service development for people blind and print
disabled, has embarked on two innovative plans to acquire digital content
from publishers, in order to facilitate alternate format production of
braille, e-text and audio materials. CNIB Library has contracted for
licensed access to the files of five Canadian publishers. The Library is
also participating in a nationwide pilot project to establish a
clearinghouse, to make publishers files available to alternate format
producers. These two creative solutions have a potential to be used as a
model for resource sharing among libraries for the blind worldwide.
Treaty for people with reading disabilities
File Format: PDF/Adobe Acrobat
Nov 13, 2009 ... other reading disabilities in response to the Federal
Register Notice of October 13, 2009 by Dr. .... impairment and so is
unable to access any copyright work to ... (b) uses, for the benefit of
people with a disability, which are directly .... information and
education for print-disabled persons
<http://www.copyright.gov/docs/sccr/comments/2009/comments-2/
manon-ress-cynthia-wassell-scott-lissner-jo-anne-simon-cynthia-stuen.pdf>
A shorter URL for the above link:
<http://tinyurl.com/ylanmbp>
Amending Copyright Act for print-disabled to access books
By L Subramani
For centuries, lack of access to books and printed materials remained a
great stumbling block for persons with disability to intellectually
advance themselves.
Deccan Herald
Banglore, India
Monday 1 February 2010
<http://www.deccanherald.com/content/43710/
amending-copyright-act-print-disabled.html>
A shorter URL for the above link:
<http://tinyurl.com/ycyawg9>
Even as the education system across the world started to welcome persons
with disability into its folds, many of them had to depend on their
able-bodied peers or volunteers to read their books.
Though this has affected the visually challenged in general, they at least
had the Braille code to access books, which was denied to those with other
forms of disability such as cerebral palsy and dyslexia, who need
specialised content to understand printed material.
With the development of technology, it became possible to create such
alternative content electronically. This brought the question of
copyrights if letting the print-disabled (as all persons whose disability
prevented them from accessing printed materials were came to be known)
read books in electronic format would be construed as infringement.
Amidst these changes, the government decided in 2006 to amend the Indian
Copyright Act recognising the rights of persons with disability to access
copyrighted content in special format.
Organisations later negotiated with the government to ensure the wording
of the amendment 52(1)(za), which is being proposed with several other
amendments to the Act to properly reflect the requirements of the
print-disabled community.
Meanwhile, there has been apprehension amongst the publishing industry
that loosening of the fair use clause in the Act may pave the way for more
piracy. Publishers like Cambridge University Press (CUP), who recently
entered into an agreement with DAISY Forum of India (DFI) in letting their
content be provided for the print-disabled in DAISY format, favour such
private agreements to solve accessibility issue.
We are doing our best wherever it is feasible to offer help to the
print-disabled, said Manav Saikia, managing director, CUP, answering
queries from Deccan Herald through email. The agreement that we have
signed with the DFI is a model developed specially for this purpose.
Position Statement
AHEAD's Perspective on the Issues of Textbook Access
December 2006
<http://www.ahead.org/resources/e-text/position-statement>
Accessibility for the Reading Disabled
Electronic Frontier Foundation (EFF)
<https://www.eff.org/issues/reading-accessibility>
Disability Activsm: Reading Rights
By Anna on 10 November, 2009
<http://disabledfeminists.com/2009/11/10/
disability-activsm-reading-rights/>
A shorter URL for the above link:
<http://tinyurl.com/yed82oj>
The Disabled Are On Google's Side In Books Settlement
by Wendy Davis, Monday, August 10, 2009, 4:19 PM
Media Post
Online Media Daily
<http://www.mediapost.com/publications/?fa=
Articles.showArticle&art_aid=111394>
A shorter URL for the above link:
<http://tinyurl.com/kssxqn>
Advocates for the disabled have asked a federal court to approve a
controversial settlement of a lawsuit filed by book authors and publishers
against Google.
"The settlement's benefits for readers with disabilities are
extraordinary," the American Association of People with Disabilities said
in a letter filed last week with the court.
"People for whom transportation to a library or bookstore is difficult,
unavailable or expensive would have access to these books through their
computer," the organization wrote in a letter to U.S. District Court Judge
Denny Chin in Manhattan. "People with vision loss will be able to search
for books through the Google Books interface and purchase, borrow, or read
at a public library any of the books that are available to the general
public in accessible formats."
The pact calls for Google to fund a new book rights registry and allows it
to digitize books and sell downloads at prices it sets with the registry.
If it goes through, the deal would settle a 4-year-old copyright
infringement lawsuit filed against Google by authors and publishers.
Jim Fruchterman
Founder, Benetech
Posted: October 12, 2009 02:27 PM
Disabled Students Need Accessible Books
Huffington Post
<http://www.huffingtonpost.com/jim-fruchterman/
disabled-students-need-ac_b_317672.html>
A shorter URL for the above link:
<http://tinyurl.com/yhw6hxv>
There was a time, not that long ago, when children who were blind, or had
another kind of disability that prevented them from easily reading a
printed book, were pretty much out of luck when it came to reading.
If a child with a print disability wanted to read a school textbook, or
even a best-seller about their favorite sports star, he or she would hope
that the book was among the 5% of books recorded on audiotape or published
in Braille. If the child was lucky, they might have a family member who
was willing to read to them out loud.
When inexpensive scanners became available in the mid-1990s, things began
to change. People started scanning books using optical character
recognition. This allowed people to transform text into speech using a
voice synthesizer, enlarge the text for someone with low vision, or
convert it into printed or electronic Braille.
OCR was a big step forward, but it takes three hours to scan a book.
Imagine standing at the library photocopier making copies of all the pages
of a book that you want to read. That's a big barrier to reading.
Many of us know families who have kids with severe print disabilities,
especially dyslexia. We see the struggles these families face, helping
their child who may have plenty of brains, but struggles hard to read. How
can we help these students get an equal crack at opportunity?
School is a big enough challenge without a disability like blindness or
dyslexia getting in the way. It's pretty obvious that if you can't succeed
in school because you can't read your textbooks, you are going to have
tough time succeeding in the workplace and navigating the information
economy.
Information Technology and Disabilities E-Journal
Accessible IT Through Podcasts, Webinars and Online Courses
Published by EASI
Equal Access to Software and Information
<http://people.rit.edu/easi/itd.htm>
Digital Millennium Copyright Act
<http://www.google.com/dmca.html>
The Future of Disability in America
Authors:
Committee on Disability in America, Marilyn J. Field and Alan M. Jette,
Editors
National Academy of Sciences
HARDBACK
ISBN-10: 0-309-10472-6
ISBN-13: 978-0-309-10472-2
<http://www.nap.edu/catalog.php?record_id=11898>
Table of Contents
Select a link below to start reading online free!
Front Matter i-xxvi (skim)
Summary 1-15 (skim)
1 Introduction 16-34 (skim)
2 Definition and Monitoring of Disability 35-64 (skim)
3 Disability Trends 65-97 (skim)
4 Health Care Transitions for Young People 98-135 (skim)
5 Secondary Conditions and Aging with Disability 136-161 (skim)
6 The Environmental Context of Disability: The Case of Health Care
Facilities 162-182 (skim)
7 Assistive and Mainstream Technologies for People with Disabilities
183-221 (skim)
8 Access to Health Insurance and the Role of Risk-Adjusted Payments to
Health Plans 222-252 (skim)
9 Coverage of Assistive Technologies and Personal Assistive Services
253-286 (skim)
10 Organization and Support of Disability Research 287-320 (skim)
References 321-384 (skim)
Appendix A Study Activities 385-391 (skim)
Appendix B Table of Contents for Workshop on Disability in America: A New
Look (2006) 392-393 (skim)
Appendix C Risk Adjustment of Insurance Premiums in the United States and
Implications for People with Disabilities 394-425 (skim)
Appendix D The Americans with Disabilities Act in a Health Care Context
426-452 (skim)
Appendix E The Employment Discrimination Provisions of the Americans with
Disabilities Act: Implementation and Impact 453-477 (skim)
Appendix F Access to Telecommunications Technology by Americans with
Disabilities: Key Laws and Policies 478-518 (skim)
Appendix G Transportation Patterns and Problems of People with
Disabilities 519-560 (skim)
Appendix H Committee on Disability in America Biographical Sketches
561-568 (skim)
Index 569-592 (skim)
Description
The future of disability in America will depend on how well the U.S.
prepares for and manages the demographic, fiscal, and technological
developments that will unfold during the next two to three decades.
Building upon two prior studies from the Institute of Medicine (the 1991
Institute of Medicine's report Disability in America and the 1997 report
Enabling America), The Future of Disability in America examines both
progress and concerns about continuing barriers that limit the
independence, productivity, and participation in community life of people
with disabilities. This book offers a comprehensive look at a wide range
of issues, including the prevalence of disability across the lifespan;
disability trends the role of assistive technology; barriers posed by
health care and other facilities with inaccessible buildings, equipment,
and information formats; the needs of young people moving from pediatric
to adult health care and of adults experiencing premature aging and
secondary health problems; selected issues in health care financing (e.g.,
risk adjusting payments to health plans, coverage of assistive
technology); and the organizing and financing of disability-related
research.
The Future of Disability in America is an assessment of both principles
and scientific evidence for disability policies and services. This book's
recommendations propose steps to eliminate barriers and strengthen the
evidence base for future public and private actions to reduce the impact
of disability on individuals, families, and society.
-------------------------------------------------
The complete articles may be read at the URLs provided for each.
WEBBIB0910
Sincerely,
David Dillard
Temple University
(215) 204 - 4584
[log in to unmask]
<http://daviddillard.businesscard2.com>
Net-Gold
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Index: <http://tinyurl.com/myxb4w>
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<http://groups.yahoo.com/group/K12AdminLIFE/>
RUSSELL CONWELL CENTER SUBJECT GUIDE
http://guides.temple.edu/Russell-Conwell-Center
THE COLLEGE LEARNING CENTER
<http://tinyurl.com/yae7w79>
Nina Dillard's Photographs on Net-Gold
http://tinyurl.com/36qd2o
and also http://gallery.me.com/neemers1
Net-Gold Membership Required to View Photos on Net-Gold
Twitter: davidpdillard
Bushell, R. & Sheldon, P. (eds),
Wellness and Tourism: Mind, Body, Spirit,
Place, New York: Cognizant Communication Books.
Wellness Tourism: Bibliographic and Webliographic Essay
David P. Dillard
<http://tinyurl.com/p63whl>
<http://tinyurl.com/ou53aw>
INDOOR GARDENING
Improve Your Chances for Indoor Gardening Success
http://tech.groups.yahoo.com/group/IndoorGardeningUrban/
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