Time to get a reading on VIPs

FRIDAY, March 13 will see the launch of the 2015 South African Library Week with an event to be held at the Centre for the Book, Cape Town.

This year’s theme is connect@your library. The value of reading for people of all ages is indisputable, as is the crucial role libraries play in making books available. As we prepare to celebrate the value of books and the role of libraries, let’s spare a thought for those who are blind, visually impaired or otherwise print disabled (VIPs).

There is general agreement that books are limited and expensive for sighted people, particularly those who are economically disadvantaged. Imagine how much more so they are for VIPs.

The World Blind Union has rightly said that its members experience “book famine”. Books for them have to be available in a particular, accessible format such as audio, braille or large print, so it’s not possible for them to simply walk into any library or book shop and find the books they need or want.

I use the word “need” intentionally, because we “need” books to get an education, learn a skill or acquire a professional qualification. Without learning materials, learning is near impossible.

We need books to participate in culture and engage in our democratic freedoms. How do I enjoy my freedom of expression if I am unable to access the written thoughts and opinions of others? Or read relevant materials to formulate my own views and respond to those of others?

Publishers don’t always make their works available in accessible formats, primarily for economic reasons.

Due to copyright protection it is not law- ful for anyone else (including civic or nonprofit organisations) to simply step in and transform written materials into these formats. This is because copyright law gives the copyright holder exclusive rights over the protected work, which include such transformation. One would first have to seek and obtain permission or a licence, which usually comes at a high cost.

Entities such as the South African National Library for the Blind does its best to meet the demand for accessible format materials by VIPs, but is hampered in its efforts by complex copyright laws and drawn-out licence negotiations with copyright holders.

There are some exceptions to the copyright holders’ rights that permit certain uses of work without the rightholders’ permission or licence, but these do not adequately cater for the transformation of works into accessible formats.

That is why on June 28, 2013, a landmark treaty was concluded by members of the World Intellectual Property Rights Organisation (WIPO), a specialised United Nations organisation.

This treaty is known as the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled.

It was signed by 51 countries on that day. Countries that sign a treaty upon its adoption confirm their commitment to it by ratifying it at a later stage.

Those countries that do not sign a treaty upon its adoption signify their commitment to it through a formal process known as accession. Each so committed country has to change its national laws to implement the treaty at domestic level.

The Marrakesh Treaty calls on signatory states to amend their copyright laws to include exceptions in their copyright laws that allow the permission or licence-free transformation of print materials into accessible formats for VIPs.

These exceptions are carefully crafted to ensure copyright holders are still able to economically exploit their work.

This is achieved by making sure that transformation of works can only lawfully happen in strictly specified non-profit instances for exclusive distribution to VIPs. This treaty has not yet come into force as it has to be ratified, or acceded to, by 20 countries before it becomes operational. As of March 4, 2015, only six countries had ratified the treaty (El Salvador, India, Mali, Paraguay, UAE and Uruguay).

South Africa is a member of WIPO and was represented in Marrakesh a when the treaty was adopted.

Among its representatives was the Deputy Minister for Women, Children and Persons with Disabilities, Minister Ipeleng Bogopane-Zulu, who made the following statement: “This is not a treaty being negotiated between the developed and developing worlds, but is essentially between governments protecting industry and

Let’s spare a thought for those who are blind, visually impaired or otherwise print disabled

governments protecting their citizens who are marginalised from accessing the products of industry.

“This treaty is about equality of opportunity for people who have to date been excluded and marginalised due to limitations placed on converting print for people requiring access to it in alternative media.

“It is about removing barriers to access and fighting discrimination… We would like to assure you of South Africa’s commitment to engage constructively, within a human rights context, on the treaty.”

Despite this supportive statement, South Africa did not sign the treaty but the relevant departments have given assur- ances that the country will accede to the treaty after the conclusion of the proper national procedures, which include a revision of copyright laws.

The Department of Trade and Industry (DTI) continues its work on the updating of the country’s copyright laws.

The cusp of Library Week is an opportune moment to urge the DTI to ensure its legal reforms include appropriate exceptions to permit the production of accessible formats of print works, and to press the government to take steps to accede to the Marrakesh Treaty so that the required number of ratifications or accessions is reached and the treaty comes into force.

This will enable non-profit organisations in South Africa and beyond to ramp up their efforts to transform print works into accessible formats so that perhaps one day we can turn the “book famine” into a “book banquet” for VIPs and truly ALL connect@our libraries.

Ncube is an associate professor in department of commercial law at UCT. She is part of a group of 50 legal scholars from around the world who have written an open letter to the DTI calling for these and other reforms to copyright law.

You can read the full letter at http://afroip.blogspot.com/2015/03/south-africaletterfrom-50-legal.html