Rewind: Written words for Visually Impaired

The Marrakesh Treaty, which marked its 10th anniversary recently, ensures that people with print disabilities have equal access to literature, education and culture

Dr GR Raghavender

June 27, 2023, marked the 10th anniversary of the adoption of the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired or Otherwise Print Disabled by the member states of the World Intellectual Property Organisation (WIPO).

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The visually impaired legendary American songwriter and singer Stevie Wonder had joined the celebrations on June 28, 2013, along with the negotiators after the successful conclusion of the Diplomatic Conference of the Marrakesh Treaty to create a set of mandatory limitations and exceptions for the benefit of the blind, visually impaired and otherwise print-disabled. The conference took place in Marrakesh, Morocco, from June 17 to June 28, 2013.

Legally Binding

The international norm-setting for the treaty began with a proposal from Brazil, Ecuador and Paraguay, on behalf of the World Blind Union (WBU), for consideration of a WIPO Treaty for visually impaired persons on exceptions of copyright at the 18th Standing Committee on Copyright and Related Rights (SCCR) of WIPO held in Geneva, Switzerland, from May 25 to 29, 2009. This proposal for a legally binding treaty would establish minimum standards to encourage the exchange of accessible formats across borders. India was the first country to support the proposal.

The Marrakesh Treaty is the first international copyright agreement to address exceptions for visually impaired persons based on human rights issues, incorporated in the Universal Declaration of Human Rights and the UN Convention on the Rights of Persons with Disabilities 

Unlike the existing international treaties for the protection of the copyright, the Marrakesh Treaty is the first international copyright agreement to address exceptions for visually impaired persons based on human rights issues, incorporated in the Universal Declaration of Human Rights and the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).

The Marrakesh Treaty is aimed at addressing a global “book famine” affecting 300 million print-disabled individuals, particularly in developing countries, who lack access to accessible printed materials, hindering their meaningful participation in society. The Treaty came into force on September 30, 2016, three months after 20 eligible parties deposited their instruments of ratification or accession with the WIPO Director-General. India was the first country to ratify the treaty on July 24, 2014.

The global “book famine” is estimated to affect 300 million print-disabled individuals, particularly in developing countries

The benefits of the Marrakesh Treaty include increased access to books, magazines and other printed materials for the world’s population of persons with print disabilities, improved awareness of the challenges faced by the print-disabled community and persons with disabilities, and better access to educational materials in accessible formats copies such as braille, large print and audiobooks without the need for copyright permissions. It facilitates greater inclusiveness and participation by persons with print disabilities in the cultural and social life of their communities apart from being a powerful tool for poverty alleviation, providing such persons with opportunities for professional growth and allowing them to contribute to their local economies thereby helping them become economically self-sufficient.

The Treaty provides a legal framework that enables the creation and cross-border exchange of accessible format copies, such as braille, large print, and audiobooks, without the need for copyright permissions and even when they are commercially available. It ensures that people with print disabilities have equal access to literature, education and culture.

ABC Initiative

The Accessible Book Consortium (ABC), a multi-stakeholder initiative under the WIPO since 2014, aims to improve access to books for people with print disabilities. The ABC Global Book Service (GBS) facilitates the cross-border exchange of accessible books, enabling authorised users to access a vast collection of materials, including textbooks, literature and scientific publications worldwide.

There are over 2.2 billion people blind or visually impaired worldwide, and about 90% of them live in developing or least-developed countries. Only less than 10% of books published every year are available in a format accessible to them

The WIPO and ABC collaborate on advocacy and awareness-raising activities to promote the Marrakesh Treaty’s benefits and accessible publishing, aiming to increase ratification and implementation by more countries. Through campaigns, events and partnerships, they create a supportive environment.

India’s Initiative

India introduced copyright exceptions under the Copyright (Amendment) Act, 2012, ensuring the accessibility of published works for visually impaired individuals. Section 51(2)(zb) allows any person or any organisation to reproduce, adapt, communicate to the public, or translate copyrighted works into accessible formats, ensuring equal access to educational materials and literary works without consent or compensation, even though such copies are commercially available. It also allows beneficiaries to share accessible formats with any other person with a disability for private or personal use, educational purposes or research. This provision worked as a guiding light for finalising the Marrakesh Treaty.

 The treaty is already in force in over 118 countries that are also members of the World Intellectual Property Organisation, including the United States,   Argentina, African and European countries. Brazil, Russia, India and China have all ratified the treaty, leaving South Africa as the last remaining BRICS country to do so 

In addition, India also allows any person working for disabled individuals to apply for a compulsory licence to the Commercial Bench of any High Court to publish work subject to copyright protection for business purposes, ensuring it benefits disabled individuals.

Under the Digital India initiative, the Department of Empowerment of Persons with Disabilities under the Ministry of Social Justice and Empowerment, in conjunction with ‘Daisy Forum of India’ member organisations, has launched an online library, ‘Sugamya Pustakalaya,’ that makes content accessible to visually impaired or print-disabled persons. The library has books in many different languages, subjects and formats that are easily accessible. It unifies two lakh book bank libraries from around the world, including ‘Bookshare’, the biggest online library for people with print disabilities.

The government of India, under its nationwide ‘Accessible India Campaign’ (Sugamya Bharat Abhiyan), should introduce ‘audio description’ in Doordarshan’s programmes. A number of countries, such as Australia, Germany, France, Spain, Sweden, Belgium, Greece, and the UK, have not only introduced the same but also rolled out guidelines for audio description in television broadcasting. Audio description is the visual description or a form of narration typically placed during natural pauses in the audio and sometimes during dialogue, if deemed necessary, in a film, TV programme or theatrical performance for the benefit of visually impaired or print-disabled persons.

The UK Government confirmed its ratification in October 2020 and the Treaty entered into force on 1 January 2021

Over the past decade, the Marrakesh Treaty has contributed to empowering millions of visually impaired people around the world, enabling them to access and enjoy literature, education, and culture on an equal footing. Its implementation has been instrumental in fostering inclusivity and promoting the rights of persons with disabilities globally. 

 

The India Chapter

 The Marrakesh Treaty and the Indian Copyright Act provisions improved the availability of accessible format educational materials so that persons with print disabilities can enjoy equal access to education. Some of the steps taken in this direction in India include:

Sugamaya Pustakalaya

This online library houses publications across diverse subjects and languages in multiple accessible formats. It has been created by the Department of Empowerment of Persons with Disabilities (Divyangjan), in collaboration with member organisations of the Daisy Forum of India (DFI) and powered by TCS Access. Over 2 lakh books in diverse languages are available in accessible formats for people with visual impairment and other print disabilities. Integrating libraries across India and the globe, including the largest online international library, Bookshare, the DFI offers a laborious process for individuals with print disability to access books. By searching on Sugamya Pustakalaya, they can access books on any device, including mobile phones, tablets, computers, DAISY (Digital Accessible Information System) players (audiobook) and braille displays. Registered members can download or procure books offline through their member organisations. Universities, school and public libraries or any such institution can become a member of the DFI or subscribe to the online library to offer the entire collection of the Sugamya Pustakalaya to their members or students with print disabilities. Educational institutions can also make available accessible format books produced for their students to other institutions to avoid duplications.

Sugamya Pustakalaya aims at creating the largest accessible online library in a developing country, catering to print disabilities. By sharing accessible formats of publications, including India Today and Reader’s Digest, the library can expand its reader base. It also partners with private and government publishing houses ensuring content protection and distribution to such students. NGOs can begin a library service for persons with print disabilities by joining as a member and offer the complete content provided by Sugamya Pustakalaya to their members. Corporate employees can volunteer to create accessible content and help reach out to millions of users with print disabilities. The IT industry can offer technology to fill gaps in authoring and reading of digital content in all Indian languages.

• Samagra Shiksha Abhiyan ensures that the education to persons who are blind is imparted in the most appropriate language, modes and means of communication.
• The RTI Act mandates teaching and learning material be made available in accessible formats to all students, including students with disabilities.
• NCERT is making education accessible to all, including visually impaired children belonging to Socio Economic Disadvantages Groups, recognised in the National Education Policy 2020.
• PM e-Vidya is an innovative initiative by the Ministry of Education to sustain education by leveraging ICT (information and communications technology). The major components of PM e-Vidya include 12 DTH channels (one class, one channel), community radio stations, content for Divyangs (children with special needs) and podacts. It leverages streaming platforms available across the country to telecast educational content in audio/video mediums.
• DIKSHA (Digital Infrastructure for Knowledge Sharing) is a state-of-the-art platform built using open-source technology. It hosts digital curriculum content and professional development programmes.
• PRASHAST app screens students with disabilities. It covers 21 disabilities, including the benchmark disabilities, as per the Rights of Persons with Disabilities (RPwD) Act, 2016. This initiative facilitates early screening, leading to the certification of children with disabilities as per the provisions of Samagra Shiksha 
• Barkha Series is a supplementary ‘Graded Reading Series’ formulated to enable children to develop reading skills during the early years. As a pedagogic tool, it is aimed at helping children of Classes I and II in learning to read with meaning and to arouse in them the urge to read more and more
• The National Institute of Open Schooling (NIOS) is committed to making its website accessible to people with disabilities. In its effort to make the website accessible, NIOS has incorporated different features which will make it easier for users to browse the website