IP-Watch.

org recently published the (subscriber content) article Parallel WIPO Initiative On Access For Visually Impaired Steps Up. The discussions in Geneva are also reviewed in Mr. Jim Fruchtermans Benetech.Blogspot article linked below. I would have the following 2 comments: http://www.ip-watch.org/2014/03/04/parallel-wipo-initiative-on-access-for-visually-impairedcommunity-steps-up/

Comments
COMMENT #1 -- Mr. Jim Fruchterman of Bookshare.org participated in and recently filed a report on the above stakeholders discussions in Geneva on implementation of the Marrakesh Treaty and publisher initiatives including the statement: The publishers were asking for support of an approach that the WBU and Bookshare had campaigned hard against in Marrakesh. In particular, they wanted the group to endorse that a copyright exception under Marrakesh exclude works that are commercially available. http://benetech.blogspot.com/2014/02/accessibility-excitement-in-geneva.html One might ask How did the notion of commercial availability get into the discussion in the first place? Answer: Because the WBU put it there: WIPO SCCR/18/7 155. The Representative of the World Blind Union (WBU) expressed his appreciation (Then added) The campaign on behalf of visually impaired persons did not jeopardize the economic rights of rightsholders. If a rightsholder decided to produce any of its works in accessible formats the proposed exceptions to those rights would be automatically null and void.

COMMENT #2 What might prove a sticking point to the above discussions would be: If a Publisher voluntarily makes available digital book files to an Authorized Entity for conversion to accessible formats under terms more restrictive than those in the Marrakesh Treaty once in force, could the Publisher then restrict the activities of the Authorized Entity as to e.g. export to individuals as opposed to AEs in another country from further activities using the less restrictive terms in the Treaty itself? This seems to be the case that was contemplated in the original 2009 SCCR18/5 WBUproposed Treaty in Article 7 wherein it said: Article 7. Relationship With Contracts Any contractual provisions contrary to the exception provided in Article 4 shall be null and void. Article 4. being Limitations and Exceptions to Exclusive Rights Under Copyright.