Delegates of the World Intellectual Property Organization are scheduled to meet in Marrakesh, Morocco from June 17-28 for a diplomatic conference to negotiate the terms of a treaty defining copyright exceptions for the visually impaired. The delegates’ ultimate goal is to ensure the blind and visually impaired are provided with equal access to copyrighted materials as the rest of humanity. The World Blind Union has endorsed the negotiations, stating that regardless of specific language, the treaty should facilitate a practical “system that allows the maximum access to materials by blind and visually impaired people throughout the world”. A delegate from India even went so far as to say that the proposed treaty is “the most important in the history of WIPO” because of its humanitarian focus. Nevertheless, several obstacles have arisen in recent months that compromise the passage of the treaty.
On the other side of the issue, several US industry groups have reiterated their vociferous opposition to any treaty for the visually impaired. Among such groups, the Motion Picture Association of America has taken the lead in lobbying the US government to demand stricter protection for DRM technology in the treaty, as well as a complete removal of any reference to fair use or fair dealing in the text of the treaty. The IP owners believe that to allow such language in the treaty would create a“dangerous precedent” that they fear could be imported into international patent law. The negotiating posture has even lead one representative from the World Blind Union to state that the treaty “won’t work” if the restrictions demanded by the IP owners are imposed. While the White House expressed support for the treaty in 2009, those responsible for that support have since left their positions, and it remains to be seen whether or not these stumbling blocks would ultimately prevent the United States from signing the treaty, should it pass without the demanded revisions.
