From Marrakesh to Geelong: An Australian case 12 March 2019 Presented by Anthea Taylor Manager Accessible Information Library Services

Australia Who are we? Population: 25,279,000 Land mass of 7.692 million km² (approx. 23 times bigger than Finland) Estimate there are 384,000 people in Australia who are blind or have low vision. 7.6% increase on the 357,000 estimated in 2013 Project 564,000 by 2030. 2,527,900 with dyslexia 1 in 10 25,600 who have multiple sclerosis 475,000 living with the effects of a stroke 436, 400 who have dementia Expected to increase in the forthcoming years. Image: World globe indicating Australia

Vision Australia Image: 5 images of people. Smiling. One is holding a puppy. Another has headphone on head

Vision Australia Who are we? Vision Australia Leading national provider of blindness and low vision services in Australia. Work in partnership with Australians who are blind or have low vision to help them achieve the possibilities they choose in life. Support more than 25,500 people of all ages and life stages, and circumstances. 35 Vision Australia centres and various outreach programs across Australia; Seeing Eye Dogs Australia; Vision Australia Radio and the Accessible Information Library Services. Not-for-profit organisation and a major participant and partner in the international blindness community. National and International Involvement Australian Library and information Association Round Table on Information for people with a print disability DAISY Consortium Australian Inclusive Publishing Initiative WIPO Accessible Books Consortium State based public library networks

Where on earth is Geelong? Regional City in Victoria 346 km from the Sydney 80 km from Melbourne 15,193 km from Helsinki 17,391 km from Marrakesh Population: 251,540 232 residents accessed Vision Australia Library in 2018 My home city! Has it all – coast and bush Image: World globe indicating Australia with arrow pointing to Geelong

Where on earth is Geelong? Geelong City Library Image: Domed building with bay water in background – Geelong Library.

Australia as a Leader Champions and Advocates Maryanne Diamond - General Manager Community Linkages and Engagement National Disability Insurance Agency Past President World Blind Union Led its international campaign for a treaty with the World Intellectual Property Organisation to remove barriers preventing blind people from accessing books. Emeritus Professor Ron McCallum Former Dean University of Sydney Law School First chair of the United Nations Committee on the Rights of Persons with Disabilities Former Board member Vision Australia Peak bodies Australian Digital Alliance Australian Library and Information Association Image: Maryanne Diamond

Australia as an Early Adopter United Nations Conventions on the Rights of Persons with Disabilities Signed 20 March 2007 Ratified 18 July 2008 Emeritus Professor Ron McCallum, Former Chair Committee on the Rights of Persons with a Disability, Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled Signed 23 June 2014 Ratified 10 December 2015 Vision Australia first to exchange under terms of Marrakesh Treaty 30 September 2016 Copyright Amendment Act 2017 – Copyright (Disabilities and Other Measures) Act Passed 15 June 2017. Disability provisions came into effect 22 December 2017

Copyright Amendment (Disability Access and Other Measures) Act 2017 Official government analysis – no changes needed to ratify BUT Australia wanted to be world leader – so made make changes to the Copyright Act anyway Copyright Amendment (Disability Access and Other Measures) Act 2017 Vast improvement to accessibility rights Replaced complex overlapping exceptions and statutory licences with two new exceptions Goes beyond Marrakesh requirements “Section 113E is intended to … enable a person with a disability to enjoy equitable access to … a person without a disability … [it] is deliberately flexible and is intended to encourage creativity, innovation and responsiveness to relevant technological advances within the disability sector.” - Explanatory Memorandum

Copyright Amendment (Disability Access and Other Measures) Act 2017 Both new exceptions apply equally to: Any activity (eg copy, communicate, adapt etc) Any material (music, pictures, audiovisual currently excluded) People with any disability (not just print) Fair dealings Only limit – fairness test: Purpose and character of dealing Nature of material Effect on potential market Amount and substantiality Allows anything - eg commercial services, online delivery, import and export – as long as it is fair Image: Copyright Acts volumes on shelf

New exception for institutions Replaces statutory licence and improves on it by: Being simpler, shorter and broader Removing formalities eg registration, reporting Clarifying complexities eg even if available in large print, can convert into larger print Clearly allowing import and export BUT… limited to: Material not commercially available Educational institutions or non-profits with a “principal function” of assisting with a disability Still unclear on contractual overriding Image: silhouette of person with broken wrist chains. https://cdn.pixabay.com/photo/2017/02/09/19/19/freedom-2053281_960_720.jpg

Implementing Marrakesh There is no rule book… there are “guidelines”

Implementing Marrakesh Let’s make it happen!

Implementing Marrakesh First to exchange under the Marrakesh Treaty 30 September 2016 Collaborative effort between: World Intellectual Property Organisation Australian Department of Communications Canadian Institute for the Blind Vision Australia All parties committed ensuring exchange occurred Image: Fingers reading braille

Implementing Marrakesh Copyright Amendment (Disability and Other Measures) Act 2017 Cross Border exchanges World Intellectual Property - Accessible Book Consortium - Global Book Service Catalogue and repository 47 organisations/Authorised Entities 424,000+ titles available 76 languages Checking catalogue to identify and request titles Exchange Agreements Outline expectations and criteria Partnerships Bookshare Right to create Accessible format to suit the needs of the client even if available in another format. Produce without permission Convert without permission Image: Signature on contract

Implementing Marrakesh Australian Inclusive Publishing Initiative World first – stakeholders collaboration and joint commitment Aim: Publish born accessible Australian Publishers Association Publishers Round Table on Information Access for People with Print Australian Library and Information Association Government departments and bodies Blindness/Print Disability organisations Accessible format collections in National Catalogue Collaborative project Metadata to ensure discoverability and identification of format to suit the needs of the individual

Some things to ponder Capacity Resourcing IT Infrastructure Relationships Authors Publishers Rights holder organisations Expectations Members Community Management Image: three interlaced circles

Implementing Marrakesh Do not be too risk adverse

What does the Marrakesh Treaty implementation mean to Australians with a print disability Jamie Kelly “Access to a whole lot of content previously denied – and a variety of diverse content. It’s very exciting to know that there is more equity. It’s great that there will be less duplication and we can offer what Australia produces to elsewhere in the world” Image: Jamie Kelly and his Guide Dog, Gambler, a black labrador sitting on a couch listening to a Vision Australia DAISY audio book.

Thank You Anthea Taylor Manager, Accessible Information Library Services Vision Australia anthea.taylor@visionaustralia.org Twitter: @AntheaTaylor IFLA Libraries Serving Persons with Print Disabilities Twitter: @IFLA-LPD Facebook: IFLA LPD