Cablegate: Wipo Standing Committee Meeting: Exchange of Views With

VZCZCXRO8488
RR RUEHIK
DE RUEHMD #1074 3081048
ZNR UUUUU ZZH
R 041048Z NOV 09
FM AMEMBASSY MADRID
TO RUEHC/SECSTATE WASHDC 1412
INFO RUCNMEM/EU MEMBER STATES COLLECTIVE
RUEHBR/AMEMBASSY BRASILIA 0660
RUEHQT/AMEMBASSY QUITO 0006
RUEHAC/AMEMBASSY ASUNCION 0140
RUEHLA/AMCONSUL BARCELONA 4188
RUCPDOC/USDOC WASHDC

UNCLAS MADRID 001074

SENSITIVE
SIPDIS

STATE FOR EUR/WE AND EEB/TPP/IPE
STATE PASS USTR FOR D.WEINER
STATE PASS U.S. COPYRIGHT OFFICE FOR M.PALLANTE, M.WOODS
COMMERCE FOR 4212/D.CALVERT
COMMERCE ALSO FOR USPTO

E.O. 12958: N/A
TAGS: KIPR WIPO SP
SUBJECT: WIPO STANDING COMMITTEE MEETING: EXCHANGE OF VIEWS WITH
SPANISH OFFICIAL

1. (SBU) Summary: During an October 29 meeting with Spanish Ministry
of Culture official Carlos Guervos (septel), senior U.S. Copyright
Office official Maria Pallante raised the mid-December meeting of
WIPO's Standing Committee on Copyrights and Neighboring Rights
(SCCR). The conversation focused on discussions underway in the
WIPO SCCR on making copyright-protected materials accessible to the
visually impaired. Pallante advised that the U.S. is examining the
text of the draft Treaty proposed by Brazil, Ecuador, and Paraguay,
including specifically the changes it would require to existing U.S.
law, and that the U.S. is seeking public input to determine other
possible solutions that would enhance access for the visually
impaired in a meaningful way. She suggested that, given the legal
and practical complexities of enhancing access, Spain and other
countries likewise prepare for the forthcoming SCCR in December by
consulting its stakeholders and the broad public.

2. (SBU) Pallante noted that the U.S. has a long history of serving
the visually impaired community (including through the Library of
Congress and other trusted intermediaries), has an effective,
codified exception for the visually impaired in the U.S. Copyright
Act, and has a great deal of experience in lawfully creating and
distributing accessible formats. She commented that these points
were understated in press and blog accounts surrounding the May,
2009 SCCR meeting, in favor of more sensational accounts put forth
by some NGOs, but that the United States intended to continue its
efforts to provide meaningful support to WIPO and the visually
impaired community on this issue.

3. (SBU) Pallante stated that, like Spain and other countries of the
EU, the U.S. does not favor a Treaty as the most effective course of
action to improve access, particularly when some of the proponent
countries lack national experience in serving the visually impaired
and would take years to implement a Treaty. The U.S., she said,
recently published its second Federal Register notice on the issue,
and suggested that Spain and other countries also conduct a public
process to obtain a better grasp of the complexities of the issue
and effective and appropriate solutions. (Note: The Federal
Register notices and a more complete elaboration of this issue, can
be found at www.copyright.gov. End Note.) Guervos replied that the
GOS had consulted with the copyright management societies and was
also in preliminary conversations with the National Organization of
Spain's Blind (ONCE). He intimated that Spain might be able to
serve as a bridge between the Brazil-Ecuador-Paraguay position and
the position of the U.S. and other countries. Pallante agreed and
noted that the U.S. Copyright Office and WIPO have organized an
international training on IPR issues pertaining to the visually
impaired for developing countries and countries in transition the
week of March 8, 2010.

4. (U) Maria Pallante cleared this cable.

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