Sisule F. Musungu - A key item at the on-going ninetenth Session of the WIPO Standing Committee on Copyright and Related Rights (SCCR) is a discussion on a proposed treaty for improving access for the blind, visually impaired and other reading disabled persons (hereinafter “TVI”). Naturally, the proposal by the World Blind Union, formally presented to SCCR by Brazil, Ecuador and Paraguay, has generated not only intense interest but also significant opposition from predictable quaters such as the US Chamber of Commerce. As a corollary, it has been believed that the United States government will oppose such a proposal. The statement of the United States at the SCCR on TVI, however, is a worth a read, because, as a student of international intellectual property (IP) policy-making I can argue that it will mark an important historical moment in the politics of intellectual property. It was not only an enlightened statement but  a statement that demonstrated a level of leadership that needs to acknowledged.

Enlightedned Leadership

The mark of an oustanding leader does not repose in his/her own ability to be exemplary. A key part is the ability to choose the right people and to inspire those in an administration to do good. Clearly the team that Obama has assembled so far on international policy issues is proving a formidable group and showing Obama’s leadership.

When Obama was elected, IP-Watch quoted me and said the following on my thinking on what to expect:

Developing countries and public interest groups could expect a more “discerning approach” from Obama, agreed Sisule Musungu, president of Geneva-based think-tank IQsensato and an IP law and policy expert.

”This means they should prepare for an administration you can talk to but one which expects an engagement in evidence-based and pragmatic debates about the future. The contest over the right way to govern knowledge and the role of IP will not end, the US may listen more but I think Obama will expect to be convinced on different options.”

Musungu noted that Obama’s election coincides with a number of other political changes that impact IP, including leadership change at WIPO and the World Health Organization’s global strategy for innovation and intellectual property such as impact neglected diseases.

Musungu said he hopes that seeing all the success the internet and technology allowed Obama in his campaign’s organising and fundraising efforts, it will “teach him lasting lessons about democratic governance of knowledge, openness, collaboration and access.”

With the statement at the SCCR, I feel somehow vindicated. This does not mean I agree or will agree with all the administration’s positions, but it is important that we recognise courage, leadership and engagement. In the politics of war and peace, we can say we must recognise when an open hand is outstreached as opposed to a clenched fist.

Quotable Quotes

The U.S  statement speaks for itself so instead of me going on just a few quotable quotes to end.

“The United States is proud to have a series of specific exceptions and limitations in our copyright law, including for education, libraries, and persons with print disabilities.”

“Of course, the United States is not alone in serving those with print disabilities through carefully crafted limitations and exceptions in copyright law. As we all know, over 50 countries have specific statutory exceptions addressed to the needs of the visually-impaired and persons with print disabilities. Other countries like India are in the midst of
thoughtful deliberations on their own national exceptions.”

“So the United States is pleased that WIPO is addressing this issue. We believe that WIPO can move forward on this issue meaningfully and seriously.”

“The United States also wants to acknowledge and express our appreciation for the draft treaty language prepared by the World Blind Union and submitted as a formal proposal at the last session of the Standing Committee by our colleagues from Brazil, Ecuador, and Paraguay.”

“Those of us working on this issue in the U.S. Government believe that we are genuinely studentsof this problem; we are still in the process of learning. But we are committed to doing our homework and doing it well.

Having said that we are still learning and studying, the United States comes to this meeting with greater clarity and conviction in our views on how the international copyright community should proceed in addressing the needs of those with print disabilities.”

 “First, the United States believes that the time has come for WIPO Members to work toward some form of international consensus on basic, necessary limitations and exceptions in copyright law for persons with print disabilities. This international consensus could take multiple forms, including a model law endorsed by the SCCR, a detailed Joint Recommendation to be adopted by the WIPO General Assemblies, and/or a multilateral treaty. The United States is open to discussing and exploring all these options.”

 “In our consultations and review it has become clear to us that the most pressing problem – the one identified repeatedly by experts – is the cross-border distribution of special format materials made for persons with print disabilities, whether these special format materials are made under copyright exceptions in national law or special licensing arrangements.”

“We believe that a solution to the problem of cross-border distribution of special format materials, properly delineated to prevent abuses,would solve the foremost problems identified by the print disability and
visually-impaired communities.”

“We recognize that some in the international copyright community believe that any international consensus on substantive limitations and exceptions to copyright law would weaken international copyright law. The United States does not share that point of view. The United States is committed to both better exceptions in copyright law and better enforcement of copyright law. Indeed, as we work with countries to establish consensus on proper, basic exceptions within copyright law, we will ask countries to work with us to improve the enforcement of
copyright. This is part and parcel of a balanced international system of intellectual property.”