Abstract

http://ssrn.com/abstract=1959694
 


 



Addressing the Proposed WIPO International Instrument on Limitations and Exceptions for Persons with Print Disabilities: Recommendation or Mandatory Treaty?


Margot E. Kaminski


Ohio State University (OSU) - Michael E. Moritz College of Law; Yale University - Yale Information Society Project; Yale University - Law School

Shlomit Yanisky-Ravid


Yale Law School; ONO Academic College; Yale University - Information Society Project

November 14, 2011


Abstract:     
This Working Paper addresses the proposed WIPO International Instrument on Limitations and Exceptions for Persons with Print Disabilities. We conclude that if WIPO wants to achieve compliance, this proposed instrument should be binding hard law. Enacting this agreement as soft law would undermine the goal of making copyrighted works accessible to persons with print disabilities.

Generally, hard law prevents instruments from becoming dead letter agreements. Soft law is a less appropriate solution where there is already consensus and specificity, as there is here. Soft law also creates inefficiencies, as countries try to determine how to satisfy its vaguer aspirations.

In the human rights context, because the UN Convention on Persons with Disabilities has not been implemented domestically, soft law will fail to mobilize domestic actors. Soft law also will not be sufficiently strong to protect the human rights of people with disabilities, traditionally a weaker sector.

In the international copyright context, hard law is necessary because of the complicated web of existing hard law in the field. If WIPO wishes for the proposed instrument to counter hard law established in other forums, it should make the instrument binding. Otherwise, developing countries will not implement the instrument, and WIPO will fail to reach those persons with print disabilities most in need of an international solution.

Number of Pages in PDF File: 28

Keywords: WIPO, Treaty for Persons with Print Disabilities, Three-Step Test, Limitations and Exceptions, Fair Use, Treaty for the Blind

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Date posted: November 15, 2011  

Suggested Citation

Kaminski, Margot E. and Yanisky-Ravid, Shlomit, Addressing the Proposed WIPO International Instrument on Limitations and Exceptions for Persons with Print Disabilities: Recommendation or Mandatory Treaty? (November 14, 2011). Available at SSRN: http://ssrn.com/abstract=1959694 or http://dx.doi.org/10.2139/ssrn.1959694

Contact Information

Margot E. Kaminski (Contact Author)
Ohio State University (OSU) - Michael E. Moritz College of Law ( email )
55 West 12th Avenue
Columbus, OH 43210
United States
Yale University - Yale Information Society Project ( email )
127 Wall Street
New Haven, CT 06511
United States
Yale University - Law School ( email )
P.O. Box 208215
New Haven, CT 06520-8215
United States
Shlomit Yanisky-Ravid
Yale Law School ( email )
127 Wall Street
New Haven, CT 06511
United States
ONO Academic College ( email )
Tzahal Street 104
Kiryat Ono, 55000
Israel
Yale University - Information Society Project ( email )
P.O. Box 208215
New Haven, CT 06520-8215
United States
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