Supporting Educational and Employment Opportunities for Canadians with Print Disabilities
Government introduces new legislation that will make more Braille and audiobooks available in Canada
(firmenpresse) - OTTAWA, ONTARIO -- (Marketwired) -- 06/08/15 -- Industry Canada
Canada has one of the top literacy rates in the developed world, but for some Canadians, this privilege also comes with certain limitations. Today, nearly one million Canadians live with a print disability such as blindness or partial sight, and some Canadians have mobility issues that prevent them from turning a page or pointing a cursor. For these Canadians, it can be especially difficult to obtain material such as textbooks or online resources in a format that is both accessible and easy to use. Canadians should not be denied opportunities to read and educate themselves simply because they are print disabled.
Today, Industry Minister James Moore introduced new legislation in Parliament that will expand access to print materials in formats vital to those living with a print disability. The Support for Canadians with Print Disabilities Act will enable Canada to join the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled.
With this legislation, Canada will become one of the first G7 countries to be able to implement the Marrakesh Treaty. This important treaty will ensure greater access to accessible reading material from around the world in a variety of languages, while also helping schools, libraries and charitable organizations that work with the visually impaired to reduce their costs.
The Support for Canadians with Print Disabilities Act was first promised in Economic Action Plan 2015. It will make the necessary amendments to the Copyright Act to allow for the making and distribution of accessible-format copies of print materials. It will bring Canadian law in line with the Marrakesh Treaty, while also maintaining specific safeguards to protect the rights of copyright owners.
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"Canadians should not be denied access to critical educational, employment or social opportunities simply because of a print disability. Our government has made it a priority to support Canadians with disabilities. It is with this important legislation that Canada will soon be able to implement the Marrakesh Treaty, an international framework that will help Canadians with print disabilities access the content they desire-both personally and to develop their careers. The Support for Canadians with Print Disabilities Act will allow Canada to be among the first G7 countries to implement the Treaty, which is vital to the well-being of persons with print disabilities worldwide. The Government strongly believes that Canadians fully support the important objectives of the Marrakesh Treaty, and I expect that all federal parties will support Canadian leadership in acceding to the Marrakesh Treaty and helping bring it into force globally."
- James Moore, Minister of Industry
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Backgrounder
The Support for Canadians with Print Disabilities Act and the Marrakesh Treaty
Almost one million Canadians live with blindness or partial sight. For these individuals, it can be especially difficult to find print material in a format that is both accessible and easy to use. More can be done to ensure that copyright laws do not create additional barriers for those with a print disability and that users have access to the latest and best published material from around the world.
To address this issue, the Government committed in Economic Action Plan 2015 to implement and join the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled. The Support for Canadians with Print Disabilities Act is an important step toward fulfilling that promise.
The Bill
Canada''s current copyright framework already contains exceptions that allow for the making and distribution of accessible-format copies for the benefit of persons with perceptual disabilities. To ensure that these are fully in line with the Marrakesh Treaty and to enable Canada to accede to the Treaty, the bill will make targeted amendments to the Copyright Act. The proposed amendments maintain the important balance in Canada''s copyright framework between the interests of copyright owners and users.
Persons with disabilities and supporting organizations
The Support for Canadians with Print Disabilities Act will allow, within specific parameters, persons with disabilities, and the organizations that support them, to make and distribute accessible-format versions of works, including large-print books.
The bill will allow the sending of accessible-format copies to other countries, regardless of the nationality of authors, facilitating the cross-border exchange of works in accessible formats with supporting organizations in other countries.
The bill also specifies that technological protection measures (or digital locks) may be circumvented in order to provide access to persons with perceptual disabilities. The amendments remove the condition that the lock not be unduly impaired but require that circumvention be done solely for the benefit of such persons.
These measures will bring benefits to many different groups of Canadians with print disabilities:
Protecting authors and publishers
The Support for Canadians with Print Disabilities Act also includes important safeguards to ensure that the legitimate interests of authors and publishers are respected.
Safeguards will apply where accessible-format copies are already commercially available. For domestic use and imports, the exceptions do not apply where an accessible-format version is commercially available under reasonable terms in the Canadian market. For exports, the exceptions do not permit the sending of an accessible-format copy to another country if it is commercially available under reasonable terms in that foreign market, but the remedies that may be sought against non-profit organizations are limited in such circumstances.
Finally, other key safeguards, such as protections for the moral rights of creators, and the civil remedies available against those who enable online copyright infringement will continue to apply.
The Marrakesh Treaty
The Marrakesh Treaty aims to bring the global community together to better address the universal challenge of ensuring timely access to, and wider availability of, printed material for those who are visually impaired.
The Treaty sets international standards on certain exceptions to copyright so that print materials can be adapted into formats-such as Braille and audiobooks-that visually impaired and print-disabled individuals can use. The Treaty also makes it possible to distribute accessible-format copies between countries. The negotiations for the Treaty were led by the World Intellectual Property Organization, a United Nations agency with 188 member states. The Treaty will come into force once 20 countries have ratified or acceded to it. As of June 4, 2015, eight countries-Argentina, El Salvador, India, Mali, Paraguay, Singapore, the United Arab Emirates and Uruguay-have ratified or acceded to the Treaty. By acceding to the Marrakesh Treaty, Canada would become the first G7 nation to be fully compliant and would assume a leadership role on this important issue.
Frequently Asked Questions
The Support for Canadians with Print Disabilities Act and the Marrakesh Treaty
How will acceding to the Marrakesh Treaty benefit Canadians?
According to Statistics Canada, almost one million Canadians live with blindness or partial sight. However, only 7 percent of books are made accessible in formats such as Braille, audio and large-print books-often only in developed countries.
Joining the Marrakesh Treaty will help to meet the Government''s Speech from the Throne commitment to help those with disabilities to participate more fully in the workforce and will support initiatives such as the Centre for Equitable Library Access.
Here is how Canadians will benefit from Canada''s accession to the Marrakesh Treaty:
Visually impaired students
Visually impaired workers
Visually impaired seniors
Visually impaired members of language minorities
Schools, libraries and charitable organizations that help people who are print disabled
Who supports the Marrakesh Treaty?
Numerous stakeholders have written to the Government in support of the Treaty, including the Canadian Association of Research Libraries; the Canadian Association of University Teachers; the Canadian Council of the Blind; the Canadian Federation of the Blind; the Canadian Library Association; the Canadian Urban Libraries Council; the CNIB; and the Copyright Consortium of the Council of Ministers of Education, Canada.
What is the Marrakesh Treaty?
The Marrakesh Treaty is an international treaty administered by the World Intellectual Property Organization (WIPO) that was adopted in Marrakesh, Morocco, in June 2013.
It aims to facilitate access for persons with print disabilities to published works in formats that they can easily use. The Treaty establishes international norms by requiring countries to provide exceptions in their national laws to facilitate the availability of works in accessible formats, such as Braille and audiobooks, for persons who are blind, visually impaired or print disabled.
Why is Canada acceding to the Marrakesh Treaty now? Why not wait until the five-year parliamentary review of the Copyright Act in 2017?
Government policy on copyright exceptions for people with perceptual disabilities already aligns with the objective of the Treaty. Given this, there is no reason that Canadians with perceptual disabilities should have to wait for more access to books that will enable them to better participate in the economy and society. Making the targeted changes to ensure our laws meet the obligations of the Treaty will put Canada in a leadership position internationally.
How will the Support for Canadians with Print Disabilities Act change the Copyright Act?
Before Canada can accede to the Marrakesh Treaty, the Government must amend the Copyright Act to bring the exceptions in the Act for people with print disabilities in line with the obligations of the Treaty. Proposed amendments include the following:
When will the Treaty come into force?
The Marrakesh Treaty will come into force three months after 20 countries have ratified or acceded to it. As of June 4, 2015, eight countries-Argentina, El Salvador, India, Mali, Paraguay, Singapore, the United Arab Emirates and Uruguay-have ratified or acceded to the Treaty.
What are the next steps for Canada?
Once the Support for Canadians with Print Disabilities Act is passed, the Minister of Foreign Affairs will seek an order in council (OiC) for authority to accede to the Treaty. Following publication of that OiC, the Minister would deposit an instrument of accession with WIPO.
For Canada, the timing of the coming into force of the Treaty will depend on the number of ratifications or accessions that have taken place prior to Canada''s accession. If Canada is one of the first 20 countries, the Treaty would enter into force three months after these 20 countries have deposited their instruments of ratification or accession. If Canada accedes to the Treaty after the first 20 countries, the Treaty will enter into force for Canada three months after Canada deposits its instrument of accession with WIPO.
Contacts:
Jake Enwright
Press Secretary
Office of the Minister of Industry
343-291-2500
Media Relations
Industry Canada
343-291-1777
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Datum: 08.06.2015 - 13:10 Uhr
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