Pablo, 21 years old, blind since birth, studies Spanish
literature at the University of Montevideo. He asked ONCE, the Spanish
organization of the blind, for literature books that he cannot find in his
country because the organization's library holds more than a 100,000
accessible titles. The answer he received was negative: "Unfortunately,
the international law on authors' rights forbids us to send you the
requested books." Samir, 30 years old, an Arab from Israel, has low vision
and needs a treaty in economy available in Daisy format at the Recording
for the Blind and Dyslexic in the United States. He cannot have it because
the library does not loan books outside the country. Gérard is 18 years
old and from Senegal. He has severe dyslexia and he would like to listen
to audiobooks to learn about French literature, but he cannot receive
books from French libraries because the authors' rights law will not allow
it. Mike, aged 30, is blind and a US citizen living in Austria, and he is
not allowed to save on his computer digital books produced in his country
to bring them in Europe because it is forbidden by law.
How many people
living with blindness, a visual impairment or serious reading difficulties
are there in the world who could benefit from accessible books produced in
other countries than their own, where there are more means and specialized
facilities? Certainly, a considerably high number, particularly in
developing countries, where access to information and culture can mean a
significantly positive change in the lives of persons with disabilities.
But yet, twelve years after the beginning of the XXIth century,
out-of-date and punitive rules are denying people with reading problems
the rights ratified in the United Nations Convention on the Rights of
Persons with Disabilities. As a matter of fact, in more advanced
countries, only 5% of published books are available in accessible format,
while in developing countries the rate slumps to less than 1%. Such a
scarcity of books should lead us all to seriously reflect on the necessity
to break down the barriers that limit the use of this already very rare
material. With the objective of ending this unacceptable situation,
in 2009, the World Blind Union (WBU) turned to WIPO, the World
Intellectual Property Organization, which establishes the standards that
set out, at the international level, the rights of authors and publishers,
asking them to adopt an agreement that would make it possible for persons
living with vision loss and print disabilities to use accessible books
wherever they are produced.
This initiative is part of the wider context of the
universal accessibility campaign on cultural, educational and scientific
material with the intention to make superfluous in the future the transfer
into special formats, to this day essential. The proposal of the World
Blind Union and the European Blind Union, firmly supported by many WIPO
state members, means to allow specialist agencies to produce accessible
copies of books intended for the exclusive use of visually impaired and
other reading disabled persons and to legalize their free circulation at
the international level. It is appropriate to point out that the
initiative is not designed against publishers, but in favour of readers
who can only use books in accessible format. Unfortunately, the
international association of publishers maintains an orientation contrary
to the text, sustaining that a voluntary and flexible agreement would be
much more useful and effective. Publishers fear that a treaty that
ratifies exceptions to the authors' rights in favour of persons with
disabilities could lead to a precedent for other exceptions in various
areas, jeopardizing their interests. Moreover, they maintain that an
agreement which liberalizes the circulation of works protected in digital
format could facilitate piracy, even if there are no reasonable
argument to support such affirmation. To resolve the problem they propose
dialog and collaboration, though this has not yet resulted in anything
concrete. In reality, publishers want to keep a dominant position, while
users would always be subject to their arbitrary action. Despite this,
after four years of exhausting negotiations, WIPO's permanent committee on
authors’ rights prepared the outline of an agreement which has gathered
the support of an increasing number of state members, except the United
States and the European Union, as they continue to be more responsive to
the interests of publishers than to the rights of disabled users.
Fortunately, these last few years have resulted in the determinant support
of the European Parliament which, while it does not participate in the
negotiations, has on many occasions expressed itself in favour of the
agreement compelling the European Commission and the Council into
softening their position. 
In November 2010, more than 100 Eurodeputies of all
political orientations undersigned a letter addressed to the Commissioner
for Internal Market and Services, Michel Barnier, inviting the Commission
to support the request of the European Blind Union (EBU) for a binding
treaty. Commissioner Barnier remained firm on the option of a simple
recommendation, insisting that parties would find an arrangement on the
basis of an agreement memorandum incidentally dismissed by the European
Blind Union. In May 2011, the European Parliament subsequently asked
that the Commission work actively and positively within WIPO in order find
an agreement on a legally bounding standard based on the treaty proposal
presented by the World Blind Union. Once again the Commission and the
Council ignored the Parliament's invitation and during the whole
year 2011 they have held a position contrary to the agreement.
However, in February 2012, a new event took
place. During the course of a hearing of the Parliament in plenary
session, the WBU's petition relating to the agreement on books
accessibility was discussed. Around twenty Eurodeputies pressed
Commissioner Barnier with questions and, finally, he declared to be ready
to exercise a mediatory role in order to reach an agreement, under the
condition that state members give him the mandate to do so. Last summer,
the WBU and the EBU continued to have a dialog with state members and the
European Commission, and after the July session of the permanent committee
on authors' rights, basically disappointing, there were more reassuring
declarations concerning the fact that there was work going on to eliminate
the last obstacles and to elaborate a definitive document. At this point,
the publishers' tactic, resigned to the idea of accepting a treaty, tends
to be to limit the number of centres authorized to convert and distribute
material, moreover making modalities for disabled readers complicated and
difficult.
In this context, they have it
easy with some governments who openly share their view. Last October,
there was an important meeting, however provisional in nature, between
representatives of disabled users and Commissioner Barnier and his
collaborators who insisted on the necessity to make some concessions in
order to facilitate an agreement. The EBU has guaranteed its own full
availability in order to clarify any doubts and dispel any issues,
self-serving on the part of publishers, since we have no interest
whatsoever in extending exceptions relating to disability to other areas.
Still in October, there was another advisory meeting of the permanent
committee to determine the text of the treaty. In November, when this
issue will be in the process of being prepared, there will be a decisive
session of the permanent committee which should be the preamble to a WIPO
extraordinary general assembly that will take place in December in order
to deliberate on the convocation of a 2013 diplomatic conference for
the definitive adoption of the treaty. For four years now, organizations
defending the interests of persons with visual and reading disabilities
are working hard to solve the book famine which is the source of exclusion
from culture, instruction and work. Now that all cards have been played,
we want to be optimistic: the costly and difficult battle for the
achievement of a treaty that will make available to anyone living with
blindness, visual impairment and dyslexia all over the world the precious
library heritage in an accessible format is soon coming to an end. We are
expecting a positive outcome, the completion of the generous commitment of
our organizations and of so many people of good faith.