Category Archives: Copyright

Time enough to read

Time Enoughat Last

It’s the Twilight Zone. What could go wrong?

Sign the petition to support blind reading rights today!

Those watching early television reruns may have come across a show called The Twilight Zone.  A “teleplay” made during the “golden age” of television, this series was based on strong compelling stories and starred then unknown actors of the time. But The Twilight Zone was special. It had a spooky quality with particularly twisted and ironic endings.  No wonder – it was created by Rod Serling.

There’s one episode that I am sure many librarians and people who love to read can relate to. It was called “Time Enough at Last” and aired in November 1959, starring Burgess Meredith (who also played the Penguin in the Batman series).  Meredith’s character, Henry Bemis bemoans the fact that he doesn’t have enough time to read (something I myself am always complaining about).  No time in the day to read. But Henry is an extreme case.  Henry is obsessed, and like a drug addict, he has to get his “reading fix” even though his addiction threatens his marriage and his livelihood. Like an alcoholic burying bottles of vodka in the backyard garden, Henry hides books under furniture cushions so he can secretly read whenever there is time.

Compare Henry’s predicament to the visually impaired. For people with print disabilities, time to read is not the issue. The desire to read is just as powerful, but woefully few accessible copies exist to quench their thirst for books.  ALA, the association best associated with reading and equitable access to information, is trying to advance an international treaty that would make it easier to make accessible copies for the visually impaired and make it legal to share accessible copies with other nations.

The idea is to reduce duplication of effort – creating an accessible copy (like Braille, audio recordings, or accessible digital files) after a book has been published is tremendously expensive.  Many countries cannot possibly afford making accessible copies, plus the act of making an accessible copy is a violation of their copyright laws.  If we could share our accessible copies, the diversity of content available to the blind would increase dramatically.  In the United States, we could also gain access to copies in languages other than English, meeting the needs of the blind for whom English is a second language.

There is no downside to this treaty.  And yet, rights holders are opposed.  The publishing industry does not want to sell accessible copies in the market, BUT they don’t want anyone else to facilitate the need.  The motion picture industry says it supports a treaty, but only one that is weakened by additional legal conditions reducing the number of accessible books that can be made.  And the patent industry!  What is their problem? Surely it will not hurt the bottom line of corporations like Exxon or General Electric.  Their opposition is based on power and control, in claiming complete “ownership” of intellectual property [sic][1], to make copyright and patent law as all-encompassing as possible.  They argue if we let blind people have an exception to copyright law, then all hell will break lose.  Next the libraries will want an exception, and then there will be the teachers, and people with hearing impairments and the list goes on. A scenario described by the Intellectual Property [sic] Owners Association as a threat that will “upset  the fundamental balance on which our US and global IP system is based.”  Really? That will happen if blind people have more books to read?

Yes, this is clearly hyperbolic “lobbyist speak,” but it is the kind of talk that the Obama Administration seems to take seriously, at least lately now, that the copyright industries have started to whine.  We, on the other hand, are not being hyperbolic.  We are advancing this treaty because there is clear evidence that the blind are not being served by our copyright system. The advancement of knowledge and learning, the purpose of the copyright law, is not happening for the blind.

You can help by signing a petition in support of the treaty.  Do it now, because on June 16th final treaty negotiations begin.  Librarians cannot in good conscience be untroubled by this issue.  We can turn the tide and ensure access to information for all by making our voices heard.

Now back to poor Henry Bemis. You can watch the TV episode and see how it ends.  I don’t want to ruin the ending. Hopefully, you will not turn your back on the blind.


[1] “Intellectual property” is a misnomer. Rights holders do not own property, they hold exclusive right.

 

About Carrie Russell

Carrie Russell is the director for OITP's Program on Public Access to Information. Since 1999, Carrie has developed copyright education programs and related services to help ALA members understand the latest trends regarding copyright law and its impact on libraries.

Who opposes reading for the blind, and why they might win

dancing on a house of cards

Visual approximation.

Sign the petition to support blind reading rights today!

The background: ALA has been working with associations like the National Federation of the Blind and the World Blind Union to pass the Treaty of Limitations and Exceptions for Visually Impaired Persons at the World Intellectual Property Organization (WIPO) since 2008.  We have met frequently with rights holders and their lobbyists. Both sides have made concessions along the way by negotiating with the US delegation who once was a leading supporter of the treaty. The Obama Administration has supported access to information for all. President Obama said “reading is the foundation of all learning”—a sound bite frequently used in his remarks at various functions across the country. All that has changed because some of the biggest corporations oppose the treaty and want it scrapped.

The problem: You may ask yourself, why is Exxon opposed to increasing access to reading materials for the blind? Who opposes the blind? Who opposes reading? The Intellectual Property Owners Association (IPO), of which Exxon is a member, presumes that one small exception to copyright will cause their entire house of intellectual property cards to fall. You can read the letter (pdf) yourself but here’s the relevant nugget:

IPO supports international action that addresses the needs of the visually impaired in meaningful ways, but we are concerned about the VIP treaty as currently drafted, focused exclusively on L/Es  [limitations and exceptions]and not on the rights holders whose copyrights are at stake. We are also concerned about the potentially negative, precedential effect that a one -sided, exceptions focused VIP treaty may have on parallel developments at WIPO and in other international negotiations.

Let’s fight this ridiculous notion by signing the “We the People” petition ASAP. Final meetings regarding the future of the treaty start on June 17th. Hurry.

About Carrie Russell

Carrie Russell is the director for OITP's Program on Public Access to Information. Since 1999, Carrie has developed copyright education programs and related services to help ALA members understand the latest trends regarding copyright law and its impact on libraries.

Protect the Right to Read: Sign White House Petition on WIPO Treaty

Braille ImageThe American Library Association supports the Treaty for the Blind, a treaty that would allow international book lending to print-disabled people—including those who are blind, have low vision, are dyslexic, have a learning disability or other disability that prevents them from accessing print—by promoting an exception to copyright law.

The exception would ask WIPO member nations to establish a national exception that authorizes the making of accessible copies. This copyright exception would be similar to the Chafee Amendment (17 USC §121) in U.S. copyright law. In addition, the exception would allow countries to share accessible copies (Braille, large print, digital formats like accessible e-books) across borders.

Negotiations are reaching a fever pitch with many powerful corporations, including General Electric, Exxon, and the motion picture and publishing industries opposing the treaty. We need your help now. Sign this petition to let the Obama Administration and the WIPO U.S. delegation know that you support the right to read for all.

Sign the Petition

Here’s what you need to know in order to sign the petition:

  1. You must have whitehouse.gov account to sign the petition, but it is very easy to obtain one.
  2. Simply click the ‘Create an Account” button. You will be asked your name and email.
  3. Upon entering that information, you will receive an email from whitehouse.gov with a link back to the petition.

Once you click that link, your account will be verified and you can sign the petition.

About

Ted Wegner is the Grassroots Coordinator for ALA Washington Office's Office of Government Relations (OGR).

Intellectual Property Access for the World

On Tuesday, Rep. Henry Waxman (D-CA) and four other members of Congress supported an extension to a waiver requiring least developed countries (LDCs) to comply with world trade agreements. The LDCs are seeking policy flexibility to develop domestic technological and creative capacity before having to adopt the highest standards of intellectual property protection and enforcement.

In summary, the World Trade Organization waiver would extend intellectual property rights under the Trade-Related Aspects of Intellectual Property Rights Agreement for LDCs until they individually graduated from LDC status. These waivers affect the price, availability and use of resources in libraries for education, research and personal development, as well as access to affordable medicines, agricultural goods and renewable technologies.

About Carrie Russell

Carrie Russell is the director for OITP's Program on Public Access to Information. Since 1999, Carrie has developed copyright education programs and related services to help ALA members understand the latest trends regarding copyright law and its impact on libraries.

“Unlocking Technology,” Common Sense Legislation

Last week, Rep. Zoe Lofgren (D-CA) introduced the Unlocking Technology Act, H.R. 1892, copyright legislation that would allow consumers to circumvent digital rights management on smart phones, e-readers, DVDs, and other digital products for non-infringing purposes.

As one who has prepared for and attended the Copyright Office’s triennial 1201 rulemaking proceedings for the past 14 years, all I can say is “hallelujah.” The Library Copyright Alliance (LCA), of which ALA is a member, posted this statement (pdf) in response to the announcement.

About Carrie Russell

Carrie Russell is the director for OITP's Program on Public Access to Information. Since 1999, Carrie has developed copyright education programs and related services to help ALA members understand the latest trends regarding copyright law and its impact on libraries.