The following proposal was provided on the WIPO Vision IP  website forum 6 JULY 2010:

< https://www3.wipo.int/forum/?p=36&cpage=1#comment-91 >

The recent WIPO SCCR/20 Session ended without any resolution as to the Brazil group WIPO SCCR 18_5 Treaty or any accepted recommendations.

The following on a one page alternative that might be sponsored by a WIPO Member or Members next session. The idea is that one has to start SOMEWHERE and the Brazil/WBU et al wanted it all in one heaping serving.

As I am not an attorney, I borrow only from existing legal verbiage; in this instance a combination of the Copyright Law of Japan and the US Consensus Instrument offering at WIPO 20_10.

To whit following any whereas-type Preamble:

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(From the Copyright Law of Japan as amended through June, 2009 (CLEA Translation); Reproduction, etc. for the visually handicapped, etc.; Article 37.)

Article 1

(1) It shall be permissible to reproduce in braille a work already made public.

(2) It shall be permissible to record on a memory, or to make the public transmission (excluding the broadcasting or wire diffusion, and including the making transmittable in the case of the interactive transmission) of, a work already made public, by means of a braille processing system using a computer.

(and from US Consensus Instrument WIPO SCCR 20_10)

Article 2

Article 2a

The exportation of special format copies for persons with print disabilities:

Members should provide that the following shall be permitted without the authorization of the owner of copyright: The exportation to another Member of any Braille format copy of a published work.

Article 2b

The importation of special format copies for persons with print disabilities:

Members should provide that the following shall be permitted without the authorization of the owner of copyright: The importation from another Member of any Braille format copy of a published work.

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That’s it. Game. Set. Match. No discussion of formats, eligible disability class, Trusted Intermediaries, individual WIPO Member country copyright regulations existing, proposed, or otherwise, etc. and — at least for now — no requirement for a new bureaucratic infrastructure.

After all, who else will bother to use an ASCII Braille file? To read a Braille file requires special software and/or output devices; and Braille BRF (Duxbury) or ABT (Braille2000) files can be accessed by DAISY devices and screen readers…

In using the wording of the US Consensus Instrument words have definitely been omitted but none have been added; the language from the Japan Copyright Section 37 is completely in tact.

BTW I particularly note the declaration by Australia in WIPO SCCR 19_15 as highlighted on your website:

“…the treaty would benefit from being simpler and clearer in its objective and scope.” Australia

I would would also note that as regards the declaration of New Zealand at 84. in WIPO SCCR 19_15, the ‘certain special case’ of the TRIPS Article 13 3-step test becomes Braille-itself rather than a definition of an eligible disability class.

Thank you. JEM

NB An unofficial initial assesment from the Bunka/Copyright Office of Japan noted that the above Treaty Proposal appeared to be 'consistent' with Japanese copyright Law.