[A2k] KEI opening statement at Marrakesh diplomatic conference | Knowledge Ecology International

Jamie Love james.love at keionline.org
Wed Jun 19 10:40:17 PDT 2013


Today NGOs were given 3 minutes for an opening statement. This is the
text I used. Jamie
Knowledge Ecology International (KEI) is a non-profit organization
concerned with human rights. KEI wishes the delegates luck on a
successful outcome. We are grateful for the work by the Secretariat on
this issue, from top to bottom.

We will discuss our concerns about the negotiations.

There is a disparity between the lofty language in this hall, and the
efforts to narrow user rights taking place downstairs, in the closed

Commercial Availability restrictions on exceptions, rarely implemented
in national laws, are costly to implement. In practice, commercial
availability restrictions require complex evaluations of the
reasonableness of prices, and the accessibility and interoperability
of commercial formats. These problems are dramatically expanded if
applied to every export market.

Any notification of commercial availability should include a
discussion of interoperability requirements, to ensure that a work
deemed “accessible” can be used on different devices, and with a high
level of usability.

Fair use and Fair practices are important, for publishers, for sighted
persons, and also for blind persons. Reed-Elsevier is lobbying here to
get rid of fair use, but claiming fair use as a defense in a case
alleging infringement of copyrights on court briefs.

We should reflect on things that have been left out of the treaty.

Because of motion picture lobbying efforts, deaf persons are
eliminated as beneficiaries. After deaf persons were removed, the
motion picture industry asked that audiovisual works be excluded.

Educators, employers and professions increasingly rely upon
audiovisual works, which often can be made more accessible. These
exclusions are a shame for a UN body.

Contracts should not be used to eliminate the user rights of blind
people The article on contracts was first made weaker, and then
eliminated altogether.

Exceptions for commercial entities, have been removed. Mass
digitalization projects have created millions of copies of works, and
the treaty should be flexible enough to ensure that those millions of
works are available to blind people everywhere, not only in those
living in a few countries.
What else is wrong?

There are efforts to expand the 3-step test for blind persons in ways
that exceed its scope for sighted persons.

There are efforts to create all sorts of new treaty rules that make
the exceptions narrow, complex and difficult and costly to use.

This treaty should aim high, not low. This treaty should demonstrate
the best of our values, and not be an illustration of the corrupting
influence of special interests.

James Love.  Knowledge Ecology International
http://www.keionline.org, +1.202.332.2670, US Mobile: +1.202.361.3040,
Geneva Mobile: +41.76.413.6584, efax: +1.888.245.3140.

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