[AI] Copyright

Kotian, H P hpkotian at rbi.org.in
Thu Apr 8 04:30:14 EDT 2010


Dear Kanchan
Accessindia extends its unequivocal  support on this endevour.

We would urge all members do more than their bit in both as individual and mobilize official channels to which they are associated with.

Harish Kotian
Moderator
AccessIndia



Date: Thu, 8 Apr 2010 09:20:40 +0530
From: "Kanchan Pamnani" <kanchanpamnani at gmail.com>
To: "Access India" <accessindia at accessindia.org.in>,    "Voice Vision. "
        <voicevision at blindinfo.org>, <rpp-india at googlegroups.com>
Cc: Mahesh Chandrasekar <advocacy.cbrforum at gmail.com>,  Javed Abidi
        <javed_abidi at ncpedp.org>, Secretariat <secretariat at ncpedp.org>
Subject: [AI] Copyright
    Friends,
>From time to time we have had discussions on the issue of copyright. As per my usual practis, I would like to inform everybody on this list so that you are aware and u can spread the word. We have reached a very delicate and important stage in this matter.
I will try and cover in short what has been happening and what needs to happen and what may happen in the next few days and god forbid next few years.
1. Generally when we audio record books, exchange digital texts, make copies in braill or make copies in large font we are infringing copyright laws but because we are visually challenged we have an exemption under what is called a "fair use" clause.
2. However lots of international organisations wont let us use their material because India does not have a specific exemption for the print disabled.
3. Prof Vinod Sena    realised this problem in 2002 and even made a presentation to a parliamentary committee.
4. In 2006 we found on the website of the Copyright registry that there was a specific exemption clause proposed for the print disabled.
5. The Print Access Coordination Committee PACC consisting of several organisations sent in our representation stating the flaws in the proposed amendment and also what we wanted from the government. Sometime later CIS Bangalore also sent in their representation.
5. many leading intellectual property rights lawyers were consulted and a presentation was even made to their association.
6. During 2007-2009 every Copyright registrar was sensitised and discussions were held in every forum possible.
7. In the meantime Book Share came to India and the Daisy forum of India has been entering into agreements with Publishers. Therefore some of the material that we need can be digitalised without worrying about infringement.
8. In 2009 the Right to Read campaign was started and most of you know the details of the events.
9. In November 2009 we got to know that the clause being proposed by the government is the same clause they had suggested in 2006 and they have not considered our representations.
10. A delegation met Kapil Sibal the minister in charge. I must inform you that the meeting did not produce the results that we required.
11. Subsequently we found out that the Copyright amendments including the claus pertaining to the print disabled had been discussed by the cabinet and now was pending to be introduced as a bill. Then the shocker came because we found out from our various sources that the clause was worse than we could imagine.
10. We have written to Mr. Sibal asking him to set up a committee before the bill is introduced in Parliament and there is no reply.
11. We have been having many in house consultations and I am happy to say that all the 3 National organisations AICB, NAB, NFB which work with the visually challenged have agreed in principle and are working  together with the Daisy Forum of India, CIS,XRCVC and Sightsavers.
12. Last week we had urgent consultations in Delhi as we found out that the government would be tabling the bill in Parliament anytime after 15th  April.
13. At this meeting we we decided
1. To continue to ask for a committee before the Bill reaches parliament 2. At the same time prepare for stalling the bill in Parliament before it becomes law so that it can be referred to a standing committee and for this purpose a. Have a press conference B. meet MPS c. Have a dharna 3. In case it becomes a law then challenge it in court.

14. We have been contacting MPs and on Friday -Saturday we met the BJP i.e. LK Advani, Sushma Swaraj and Arun Jetly. These were good meetings where of course they promised us their support. In the past we have met Moiley and Supriya Sule and a couple of others.Efforts are on to try and meet some others.
15. Now what can we all do-
a. Write to each of our MPs or better still try to meet them personally and quickly explaining the problem of print access and how we manage to read, asking for a committee to be formed by the HRD Ministry just like the one they set up for producers-Amir Khan and JavedAkhtar etc.
. If you need further briefings then please contact XRCVC or CIS. Both organisations are a part of the National Access Alliance.
b. Start talking to the local media. this is important. If the articles are published then please get in touch with me off the list. We need the clippings or softcopies.

c. Those in North India be ready for the dharna. Sorry cant give specifics at this stage and on this list. Get in touch with me.

d. Others who are inclined to have their own dharnas in different parts of the country also need to coordinate so that the effort is useful.
I would like to conclude this note by just saying that there is no point in saying that the people in power are heartless or that the disabled are ignored...... We have strength, we have a voice and we are doing right.
We have strategy, we have coordination, we have put in a lot of hardwork to be here. Now it is time that we get together and achieve what we have been striving for for so many years. Each of us on this list makes a difference and each of us is now required to do our best and our little bit. If we miss this oppirtunity we  will never be forgiven by posterity.
kanchan


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