Tag Archives: International Copyright

Recent Developments on UN Special Rapporteurs: copyright policy; privacy in the digital age

There have been two recent developments regarding UN Special Rapporteurs in the last month relevant to issues of copyright and privacy.  First, UN Special Rapporteur in the filed of cultural rights, Farida Shaheed, presented her report on Copyright policy and the right to science and culture to the Human Rights Council on March 11, 2015.  Then, on March 26, 2015, the Human Rights Council voted to establish a new UN Special Rapporteur on the right to privacy in the digital age.  Below are some highlights from Shaheed’s report.

Copyright policy and the right to science and culture

Shaheed’s report on copyright policy contains many positive aspects, specifically emphasizing the importance of access to knowledge and noting the problems that may arise in promoting such access because of high copyright protections.

In discussing copyright policy, the report draws a line between human authors and corporate rights holders, noting that authors may sell their copyright interests to a corporation.  However, corporate rights holders “economic interests do not enjoy the status of human rights.  From the human rights perspective, copyright policy and industry practices must be judged by how well they serve the interests of human authors, as well as the public’s interest in cultural participation.”  Furthermore, “Corporate rights holders with immense financial resources and professional sophistication are typically better positioned to influence copyright policymaking, and may even claim to speak for authors in copyright debates.  Unfortunately, the material interests of corporate rights holders do not always coincide with those of authors.”

Shaheed points to the importance of a balanced copyright system that takes into account limitations and exceptions:

Designing copyright law to promote the material interests of authors requires nuance.  “Stronger” copyright protection does not necessarily advance the material interests of creators.  Exceptions and limitations often support creators’ material interests b offering opportunities for statutory licensing income or the possibility of relying in part on the work of other artists in a new work or performance.  An  appropriate balance is crucial, recognizing the creators are both supported and constrained by copyright rules . . .

[ . . . ]

Copyright exceptions and limitations — defining specific uses that do not require a licence from the copyright holder — constitute a vital part of the balance that copyright law must strike between the interests of rights-holders in exclusive control and the interests of others in cultural participation.  Copyright exceptions and limitations have rarely been the topic of international norm-setting, hence State practice varies significantly.

The report notes that limitations and exceptions can: empower new creativity, expand educational opportunities, and expand non-commercial culture.

Additionally, the report notes that “A human rights perspective . . . requires that the potential of copyright exceptions and limitations to promote inclusion and access to cultural works, especially for disadvantaged groups, be fully explored,” for example the 2013 WIPO Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind, Visually Impaired or Otherwise Print Disabled.

The report also points out that flexible limitations and exceptions can adapt to new circumstances and changing technologies:

A few countries have a more expansive and flexible exception or limitation, commonly referred to as “fair use.”  Such provisions authorize courts to adapt copyright law to permit additional unlicensed uses that comply with general standards of fairness to creators and copyright holders.  For example, the fair use doctrine in the United States encompasses protection for parody and certain educational uses.  It has also been interpreted to permit a search engine to return thumbnail-sized images as part of its search results and to protect technology manufacturers from liability where consumers record a television show to watch later.  Most States do not have such broad and flexible exceptions and limitations; instead each specific type of allowable use is listed in the statute.  While enumerated provisions may provide greater clarity regarding permitted uses, they may also fail to be sufficiently comprehensive and adaptable to new contexts.

Shaheed’s report also discusses the importance of open licensing, such as the Creative Commons license, and notes that “Open access publishing is emerging as a significant alternative model for disseminating scientific knowledge.”

The report also notes the “democratic deficit in international policymaking on copyright,” pointing to the lack of transparency in, for example, the negotiations of the Trans-Pacific Partnership Agreement (TPP).  These discussions happen “without benefit of public participation and debate.”  While Shaheed points out that WIPO treaty negotiations are more transparent, “Regardless of the forum, concern is often expressed that powerful parties may use international rule-making to restrict domestic policy options, advancing private interests at the expense of public welfare or human rights.”

The report concludes with 28 recommendations including, for example:

  • Ensuring that international intellectual property agreements, including trade agreements, are negotiated in a transparent manner.
  • Encouraging states to create limitations and exceptions, including without remuneration “in particular in contexts of income disparity, non-profit efforts, or undercapitalized artists, where a requirement of compensation might stifle efforts to create new works or reach new audiences”
  • Ensuring that exceptions and limitations are not overridden by contracts or impaired by technological protection measures
  • Supporting a WIPO instrument on exceptions and limitations for libraries and education and/or an international fair use provision
  • Promoting open access scholarship and open educational resources, including through government subsidized support (“States should redirect financial support from proprietary publishing models to open publishing models”) and ensuring that public and private universities as well as public research institutions adopt open access, particularly through adoption of Creative Commons licenses
  • Ratifying the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind, Visually Impaired, or Otherwise Print Disabled
  • Providing alternatives to criminal sanctions and blocking of contents/websites for copyright infringement

UN Special Rapporteur on the right to privacy in the digital age

The newly created UN Special Rapporteur on the right to privacy in the digital age was approved by resolution A/HRC/28/L27 and will have an initial 3-year mandate and will “report on alleged violations, wherever they may occur, of the right to privacy, as set out in article 12 of the Universal Declaration of Human Rights and article 17 of the International Covenant on Civil and Political Rights, including in connection with the challenges arising from new technologies, and to draw the attention of the Council and the High Commissioner to situations of particular serious concern.”  The Special Rapporteur will be appointed in June, approximately two years after leaks revealed the mass surveillance and bulk collection practices of the NSA.

 

UAE Becomes Third Country to Ratify the Marrakesh Treaty

On October 15, 2014, the United Arab Emirates became the third country to ratify the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Print Disabled. The treaty sets forth minimum standards for limitations and exceptions designed to facilitate access to accessible format works for persons who are blind, visually impaired or otherwise print disabled. It would also permit cross-border sharing of these works.

India and El Salvador ratified the treaty earlier this year. The European Commission recently proposed ratification of the Marrakesh Treaty, which needs a total of twenty ratifications for entry into force.

The United States signed the Marrakesh Treaty in October 2013, but has not yet ratified.

European Commission Proposes Ratification of Marrakesh Treaty for the Blind

On October 21, 2014, the European Commission proposed ratification of the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired or Otherwise Print Disabled. The EU signed the treaty in April 2014.

From the press release:

Michel Barnier, Vice-President of the European Commission in charge of Internal Market and Services, said “The Marrakesh Treaty will simplify the lives of millions of visually impaired people around the world. The EU can help to improve access to books with equal conditions for all and contribute to the fight against the book famine. The Commission’s proposal is a signal that Europe is ready to support the rapid entry into force of this important Treaty. I count on the Council and the European Parliament to authorise the ratification as soon as possible.” (emphasis added)

Two countries — India and El Salvador — have ratified the treaty which sets forth minimum standards for limitations and exceptions designed to facilitate access to accessible format works for persons who are blind, visually impaired or otherwise print disabled. It would also permit cross-border sharing of these accessible format works, allowing countries to avoid unnecessary duplication of efforts in the creation of accessible format works and also facilitate the importation of works in other languages.

The treaty needs eighteen more ratifications to enter into force. The United States signed the Marrakesh Treaty in October 2013; when will it ratify the treaty?

New WikiLeaks of the Trans-Pacific Partnership Agreement Intellectual Property Chapter — Analysis of Copyright Provisions

The United States is currently negotiating a large, regional free trade agreement with eleven other countries: Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam. On October 16, 2014, WikiLeaks published a new leak of the Trans-Pacific Partnership Agreement’s (TPP) negotiating text for the intellectual property chapter. This text, dated May 16, 2014, contains some substantial changes from last year’s November leak of the text (which revealed the state of negotiations as of August 2013).

The chapter is now shorter and numerous brackets (brackets denote areas of the text which have not yet been agreed to) have been removed. The text also includes some new provisions. Some differences between the copyright provisions from last year’s leak to today’s leak are highlighted below. However, given that the leaked text is from May, further changes may have been made in the last five months and bracketed issues may have been resolved. TPP negotiations will continue in Australia next week where issues may reach further resolution.

Copyright Term

In the prior leak, New Zealand, Brunei, Malaysia, Vietnam, Canada and Japan supported a proposal allowing the copyright term of protection to be determined by “each Party’s domestic law and the international agreements to which each Party is a party.” The current leak reveals that this proposal has been eliminated.

The new text suggests that the copyright term will be specified in the TPP, though the exact number of years has not yet been agreed to. Bracketed language around the period of years reveals that the three options being discussed are life of the author plus fifty, seventy or one-hundred years. The United States, along with the countries with which the United States already has bilateral trade agreements with—Australia, Chile, Peru and Singapore—currently have a period of protection of life plus seventy years. Mexico is the only country that provides for life of the author plus one hundred years. The other countries in the agreement use the international standard of life plus fifty years.

For corporate works that have been published, the bracketed text includes periods of protection of fifty, seventy, seventy-five or ninety-five years.

In addition to these specified periods of years, a new proposal similar to the Berne rule of shorter term appears in the leaked text. This rule would essentially allow parties to limit the term of protection provided to authors of another party to the term provided under that party’s legislation. For example, if the final TPP text required a period of copyright protection of life plus fifty years, the United States would not be required to provide its period of life plus seventy years to authors in New Zealand if New Zealand continued to provide a term of life plus fifty years. The United States currently does not implement the Berne rule of shorter term.

Formalities

Another new provision in the text is a rule against formalities. Article QQ.G.X is unbracketed and therefore appears to be agreed to by the TPP negotiating parties. It reads, “No Party may subject the enjoyment and exercise of the rights of authors, performers and producers of phonograms provided for in this Chapter to any formality.”

This language could be problematic if the United States, or other TPP parties, wanted to re-introduce formalities for copyright protections granted that go beyond minimum international standards. Register of Copyrights Maria Pallante, for example, proposed the re-introduction of formalities for the last twenty years of copyright protection in the United States. If adopted, such a proposal would violate the TPP and subject the United States to investor-state dispute settlement, under which a corporation could sue the Unites States government for failure to comply with the TPP.

Limitations and Exceptions

Parties to the TPP have agreed to include language on limitations and exceptions, including a provision that has not been included in prior U.S. free trade agreements. This language reads:

Each Party shall endeavor to achieve an appropriate balance in its copyright and related rights system, inter alia by means of limitations or exceptions that are consistent with Article QQ.G.16.1, including those for the digital environment, giving due consideration to legitimate purposes such as, but not limited to: criticism, comment, news reporting, teaching, scholarship, research, and other similar purposes; and facilitating access to [AU oppose: published] works for persons who are blind, visually impaired, or otherwise print [AU propose: or perceptually] disabled.116 117

116 {In particular,} As recognized by the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (June 27, 2013).
117 For purposes of greater clarity, a use that has commercial aspects may in appropriate circumstances be considered to have a legitimate purpose under Article QQ.G.16.3.

Most of this language had already been agreed to in the November 2013 leak. However, the new leak reveals that parties have now agreed to include facilitating access for persons who are blind, visually impaired or otherwise print disabled. Additionally, footnote 116 specifically referencing the Marrakesh Treaty is a new addition. While the Marrakesh Treaty has not yet been ratified by any of the TPP countries and has not yet entered into force (the treaty requires twenty ratifications; India and El Salvador are currently the two countries that have ratified it), several of the TPP negotiating parties have signed the treaty including the United States, Australia, Chile, Mexico, and Peru.

Technological Protection Measures

The language on technological protection measures (TPMs) in last year’s leak was heavily bracketed, highlighting the lack of agreement in this area. The United States initially proposed a closed set of limitations and exceptions to allow circumvention of TPMs, with additional limitations and exceptions possible through a three-year rulemaking process modeled off of Section 1201 of the United States Copyright Law.

The new TPP text eliminates the specific limitations and exceptions and three-year rulemaking process. It now allows limitations and exceptions through legislative, regulatory or administrative processes. Additionally, the United States’ proposed “substantial evidence” burden (proposed in conjunction with allowing new limitations and exceptions through the rulemaking process)—a standard not found in the United States Copyright Law—has been eliminated. This new text, with the exception of a few clauses, has been agreed to by the TPP parties.

The text now provides that:

Each Party may provide [MY/MX/PE oppose: certain] exceptions and limitations to the measures implementing subparagraphs (a)(i) and (ii) in order to enable non-infringing uses where there is an actual or likely adverse impact of those measures on those non-infringing uses, as determined through a legislative, regulatory, or administrative process in accordance with the Party’s law, giving due consideration to evidence when presented in that process, including with respect to whether appropriate and effective measures have been taken by rights holders to enable the beneficiaries to enjoy the limitations and exceptions under that Party’s law [in accordance with Article QQ.G.16] [CL propose:, as well as the evidence presented by the beneficiaries with respect to the necessity of the creation of such exception and limitation]

This language is an improvement over the United States’ previous proposal because it would allow for new permanent limitations and exceptions that would allow for circumvention of TPMs—for example, for cell-phone unlocking. However, the language seems to assume that parties need to provide for limitations and exceptions even for non-infringing uses. As noted in a recent Library Copyright Alliance (LCA) statement, one of the flaws of Section 1201 in the United States Copyright Law is that this section could be interpreted to prohibit circumvention of a TPM even for the purpose of engaging in a lawful use of the work.

Additionally, it may be difficult to create a general permanent limitation and exception allowing for circumvention for any non-infringing use, such as was proposed in the Unlocking Technology Act due to the language requiring consideration of an “actual or likely adverse impact” of TPMs and evidence presented, including “whether … measures have been taken by rights holders to enable the beneficiaries to enjoy the limitations and exceptions under that Party’s law.” Requiring such considerations could be interpreted as allowing new permanent or temporary limitations and exceptions, but only on a case-by-case basis rather than by a general rule.

Internet Service Provider Liability

The latest leak of the TPP text also includes several new non-papers attached as addenda. The non-paper on Internet service provider liability is included as Addendum III and heavily bracketed.

El Salvador Ratifies the Marrakesh Treaty

On October 1, 2014, El Salvador became the second country to ratify the World Intellectual Property Organization (WIPO) Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind, Visually Impaired, or Otherwise Print Disabled, adopted at Marrakesh on June 27, 2013. India was the first country to ratify the treaty on June 24, 2014.

The treaty sets forth minimum standards for limitations and exceptions designed to facilitate access to accessible format works for persons who are blind, visually impaired or otherwise print disabled. It would also permit cross-border sharing of these accessible format works, allowing countries to avoid unnecessary duplication of efforts in the creation of accessible format works and also facilitate the importation of works in other languages.

Eighteen more ratifications are needed for the treaty to enter into force. The United States, which has robust limitations and exceptions allowing for the creation and distribution of accessible format works, signed the treaty in October 2013, but the treaty has not yet been sent to the Senate for ratification.

India First to Ratify the Marrakesh Treaty for the Blind; 79 Total Signatories to the Treaty

The World Intellectual Property Organization (WIPO) Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind, Visually Impaired, or Otherwise Print Disabled now has seventy-nine signatories. This treaty, also known as the “Marrakesh Treaty” or “Treaty for the Blind” was a significant achievement as the first WIPO treaty dedicated to limitations and exceptions, focusing on the rights of users rather than increasing the rights of rightholders. Significantly, India became the first country to ratify the treaty on June 24, 2014 (deposit with WIPO on June 30, 2014).

The treaty sets forth minimum standards for limitations and exceptions designed to facilitate access to accessible format works for persons who are blind, visually impaired or otherwise print disabled. It would also permit cross-border sharing of these accessible format works, allowing countries to avoid unnecessary duplication of efforts in the creation of accessible format works and also facilitate the importation of works in other languages. For example, a popular title would not have to be created in accessible format work in the United States, then again in Canada, then again in the United Kingdom, then again in Australia, and so forth. It could be created in one English speaking country then shared for the benefit of persons who are visually impaired in other English speaking countries. Persons in the United States could also benefit from this treaty through the importation of accessible format works in languages other than English, either to benefit those residing in the United States whose native language is not English, or to benefit those who are learning a foreign language. Tiflolibros in Argentina, for example, has a large library of Spanish language accessible format works that could be shared with beneficiaries in the United States if the treaty entered into force. More detailed information about the treaty is available in the “Users Guide to the Marrakesh Treaty.”

There was a recent flurry of signing activity due to Article 17 of the Marrakesh Treaty, which closed the treaty to signing one year after adoption of the treaty; June 27, 2014 was the last date for a country to sign. Signing the treaty signals that a country agrees with the treaty and essentially constitutes an endorsement of the instrument. While it does not create binding legal obligations to adhere to the requirements of the treaty, it does oblige the signatory from undermining the treaty’s objectives. Countries that have signed still need to ratify the treaty in order to be bound by it, and twenty ratifications are required before the Marrakesh Treaty will enter into force. Although the treaty is now closed to new signatures, other countries may join the treaty through a one-step process acceding to the treaty (rather than the two-step process of signing then ratifying).

A round of applause should be given to India for being the first (and currently only) country to ratify the Marrakesh Treaty, though it is expected that Kenya will soon follow. India’s swift ratification, within one year after the treaty’s adoption, is a record for any WIPO treaty and signals the importance of the objectives of the treaty.

In addition to the excellent news of the first ratification of the Marrakesh Treaty, there have also been nineteen new signatories over the last two months, twelve of which occurred over the last week. Notably, the EU signed the Marrakesh Treaty on April 30, 2014, and a number of EU member countries followed suit. The new signatories include: Argentina, Australia, Austria, Belgium, the Czech Republic, the European Union, Finland, France, Germany, Greece, Guatemala, India, Iran, Ireland, Mexico, Norway, Poland, South Korea and Slovenia. The United States signed last year on October 2, 2013.

The treaty initially opened for signature at the adoption and signing ceremony of the diplomatic conference on June 28, 2013. Fifty-one countries signed at the adoption and signing ceremony, a record number of signatories on opening day for any WIPO treaty. The full list of the seventy-nine signatories is available here. While this large number of signatories demonstrates the overwhelming support for the Marrakesh Treaty and is a reason for celebration, at least twenty of these signatories must take the next step and sign the treaty so that it may enter into force.

With India depositing its instrument of ratification, only nineteen more are needed. The United States, which already has robust limitations and exceptions to benefit persons who are visually impaired, should demonstrate leadership in this area and be one of the first twenty ratifications.

WIPO Standing Committee on Copyright Limitations and Exceptions Meeting This Week

This week, the World Intellectual Property Organization (WIPO) Standing Committee on Copyright and Related Rights (SCCR) will meet from June 30-July 4. The agenda for this session of SCCR includes discussion of broadcasting, limitations and exceptions for libraries, and limitations and exceptions for educational and research institutions and for persons with other disabilities.

At the last meeting of SCCR which took place from April 28-May 2, the EU blocked the conclusions of the meeting, refusing to agree to language referring to “text-based” work on limitations and exceptions for libraries. Ultimately, the Chair of SCCR released the conclusions as a Chair’s document, rather than as the agreement of the WIPO member states. Because WIPO operates on the basis of consensus, a single country or group can block action at WIPO, including for example, blocking adoption of conclusions or agreement to hold a diplomatic conference. By blocking the conclusions, the EU has potentially made it more difficult to move forward on work on limitations and exceptions at SCCR.

A live webcast of this week’s SCCR, as well as meeting documents, is available here.
Additional coverage of SCCR is available here.

The Marrakesh Treaty

by guest blogger Jonathan Band, policybandwidth

Read the full text of A User Guide to the Marrakesh Treaty

On June 27, 2013, a Diplomatic Conference of the World Intellectual Property Organization (WIPO) held in Marrakesh, Morocco, adopted the “Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled.” The Treaty is intended to promote the making and distribution of copies of books and other published materials in formats accessible to people with print disabilities. The Treaty would achieve this objective by obligating countries signing it (referred to as Contracting Parties) to adopt exceptions in their copyright laws that permit the making of copies in accessible formats as well as the distribution of those copies both domestically and internationally.

ARL worked closely with the U.S. delegation throughout the negotiating process, and through the Library Copyright Alliance was represented in WIPO meetings in Geneva and the Diplomatic Conference itself in Marrakesh.

I. Overview

The copyright law in many countries presents a barrier to the making and distribution of copies of works in formats accessible to the print disabled. The making of a copy in an accessible format such as braille, without the authorization of the rights-holder, could constitute an infringement of reproduction right. The unauthorized distribution of the accessible format copies could constitute an infringement of the distribution or making available to the public right. Similarly, the export or import of accessible format copies could trigger infringement liability.

For this reason, over 50 (primarily developed) countries have adopted exceptions that allow the making and distribution of accessible format copies. However, over 130 WIPO countries, in which the majority of print disabled people live, do not have copyright exceptions relating to the print disabled. Moreover, the existing exceptions do not always explicitly permit the import or export of accessible format copies. Because of the high cost of producing accessible format copies, and the relatively low demand for many individual titles, the ability to share accessible format copies across borders would benefit the print disabled in both developed and developing countries.

The Marrakesh Treaty addresses these problems by requiring Contracting Parties to adopt copyright exceptions that allow, under certain conditions:

  1. the making of accessible format copies;
  2. the domestic distribution of accessible format copies;
  3. the export of accessible format copies; and
  4. the import of accessible format copies.

The Treaty does not dictate how these goals are to be achieved; rather, it provides Contracting Parties with great flexibility concerning the implementation of their obligations. As Article 10(3) provides,

“Contracting Parties may fulfill their rights and obligations under this treaty through limitations or exceptions specifically for the benefit of beneficiary persons, other limitations or exceptions, or a combination thereof….”

The Treaty creates minimum standards for exceptions, with a ceiling presented by existing obligations under the Berne Three-Step Test.

Many aspects of the Treaty (e.g., the focus on actions by “authorized entities”) are similar to the specific exception for the print disabled in the U.S. Copyright Act, 17 U.S.C. § 121, also known as the Chafee Amendment. This similarity is no accident; parts of the Treaty are based on proposals originally offered by the U.S. delegation.

The Treaty represents a significant development in international copyright law because it is the first treaty devoted exclusively or primarily to creating international minimum standards for copyright exceptions. At the same time, it should be remembered that the Berne Convention itself contains exceptions for quotations, illustration in teaching, and news reporting.

51 countries signed the Treaty on June 28, 2013. The Treaty does not take effect until 20 countries ratify it, and then it is binding on the countries that have ratified it. (Under international law, signing a Treaty indicates a country’s support for the Treaty, but is a lesser step than ratification.)

II. The Treaty and U.S. Law

U.S. law currently complies with the Treaty’s requirements, and the United States could ratify the Treaty without amending the Title 17. The relevant exceptions for the print disabled appear in the Chafee Amendment, 17 U.S.C. § 121; the fair use doctrine, 17 U.S.C. § 107 (especially as it has been interpreted by the ARL Code of Best Practices and the recent HathiTrust decision), and the anticircumvention provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 1201. These provisions map favorably against the obligations set forth in Articles 4(1), 5(1), 6, and 7 of the Treaty.

Even though the United States could ratify the Treaty without amending Title 17, the Treaty still has the potential to provide substantial benefits to the print disabled in the United States. This is because the Treaty should result in more Contracting Parties adopting exceptions permitting authorized entities to make accessible format copies and to export them to other Contracting Parties, including the United States.

Because of the high cost of producing accessible format copies, the increased ability to share accessible format copies across borders should result in more titles being available to the print disabled in the U.S. An authorized entity in the U.K. would be able to export an accessible format copy of an English history book to a print disabled professor in New York. Likewise, an authorized entity in Spain would be able to export an accessible format copy of a Spanish novel to a print disabled student in California.

For this reason, ARL supports U.S. ratification of the Treaty.

The Beginning of the End of the Book Famine

What a difference a week makes! After a lengthy negotiation process that had many advocates wondering whether the result would be worth the effort, last night the WIPO negotiators in Marrakech passed a meaningful treaty for the visually impaired.

The Library Copyright Alliance has been involved in the treaty negotiation process from the beginning, and has issued a press release welcoming the treaty’s passage. In it, Carrie Russell points out a key fact about the treaty that may explain (but not excuse) the MPAA’s last-minute efforts to neuter the agreement:

By passing what is an exception to copyright, the World Intellectual Property Organization demonstrated that there is international support for balance in copyright law. We applaud the world delegates for approving a treaty that makes it possible for every visually-impaired person around the world to have fair access to reading materials.

And it looks like WIPO got some key details right. Perhaps most heartening, it did not remove references to fair use and fair dealing, despite the State Department’s misguided expressions of concern.

After years of legislation that has made copyright longer and stronger, WIPO has finally done something to help the public. It’s worth celebrating.