MARRAKESH TREATY INDIAN PERSPECTIVE By Dipendra Manocha Director Developing Countries Program DAISY Consortium President DAISY Forum of India dmanocha@daisy.org

THE DAISY FORUM OF INDIA Network of government, non-government and educational organisations committed to end the book famine for persons with print disabilities DFI provided platform to bring all stake holders together. Including: Disability organisations, publishers, relevant government departments, public libraries, educational institutions and industry We shared resources to avoid duplication, increase outreach, increase accessible books collection, create and follow standards and campaign for conducive policies and legal framework

CAMPAIGN FOR COPY RIGHT EXCEPTION DFI with the World Blind Union held several events under Right To Read Campaign including panel discussion on television, road shows, talk shows involving famous writers and Marches. Strong partnership with Intellectual Property Lawyers DFI delegations met with political leaders, senior bureaucrats and publishers to explain our view point Made presentation to the Joint Parliamentary Committee Favourable Copy Right Exception passed in the Parliament in May 2012

COPY RIGHT LAW EXCEPTION CLAUSE Section 52 (1)The following act shall not be an infringement of copyright, namely: (zb) the adaptation, reproduction, issue of copies or communication to the public of any work in any accessible format, by — (I) any person to facilitate persons with disability to access to works including sharing with any person with disability of such accessible format for private or personal use, educational purpose or research; or (ii) any organization working for the benefit of the persons with disabilities in case the normal format prevents the enjoyment of such works by such persons: Provided that the copies of the works in such accessible format are made available to the persons with disabilities on a nonprofit basis but to recover only the cost of production: Provided further that the organization shall ensure that the copies of works in such accessible format are used by persons with disabilities and takes reasonable steps to prevent its entry into ordinary channels of business. Explanation. For the purposes of the sub-clause, “any organization” includes an organization registered under section 12A of the Income Tax Act, 1961 and working for the benefit of persons with disability or recognized under Chapter X of the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995 or receiving grants from the Government for facilitating access to persons with disabilities or an educational institution or library or archives recognized by the Government.

GOVERNMENT OF INDIA SUPPORTED MARRAKESH TREATY Sensitization and awareness due to copy right exception movement, Indian delegation to WIPO SCCR played very constructive role in advocating for the Marrakesh Treaty all through the negotiation process Since India already had Marrakesh Treaty Compliant copy right exception, In dia was in a good position to become the first country of the world to ratify the Marrakesh Treaty

WHY DID WE NEED EXCEPTION Organisations feared publicising their collection of accessible format content Segregated efforts, duplication of accessible content creation and lack of nation wide standards created huge hurdles There were technology gaps in providing affordable solution in Indian languages. Funding agencies feared if they are breaking copy-right law by supporting accessible format content production

AFTER RATIFICATION Holistic solution including KIT, CONTENT CONDUIT AND CONFIDENCE (K3C) Devices such as smart phone, DAISY players or computers connected to Sugamya Pustakalaya and Bookshare online libraries that contain relevant accessible format content delivered to beneficiaries along with training