VIP/DC/3 Rev.

Annex, page 2

C (Replacement for D(1)) [A Member State/Contracting Party should/shall provide that if an accessible format copy of a work is made under an exception or limitation [under this treaty], or pursuant to operation of law [for the implementation of this treaty], that accessible format copy may be distributed or made available to a beneficiary person or an authorized entity in another Member State/Contracting Party by an authorized entity, if that Member State/Contracting Party ensures [/provides] that the use of the accessible format copy received under this article is limited to certain special cases that do not conflict with the normal exploitation of the work and do not unreasonably prejudice the legitimate interest of the author.]

Note on Article D(2)(B): Text for discussion: [(B) Authorized entities shall [may] be permitted, pursuant to Article A, to distribute or make available accessible format copies to a beneficiary person in another Member State/Contracting Party without the authorization of the rightholder [if there is no authorized entity in the importing Member State/Contracting Party /if the beneficiary person is registered with an authorized entity in the importing Member State/Contracting Party].]

Note on Article D(3): Alternative B: Text for discussion: [In order to determine the availability of accessible format copies in the importing Member State/Contracting Party, the exporting authorized entity shall rely on information provided by an authorized entity in the importing Member State/Contracting Party and/or the rightholders and/or any other reliable source. The authorized entity in the importing Member State/Contracting Party and/or the rightholders shall provide the information requested by the exporting authorized entity, if available.]

Note on Article E: Text for discussion: [The Member State/Contracting Party may limit said importation to published works which, in the particular accessible format, cannot be obtained commercially under reasonable terms for beneficiary persons in the Member State/Contracting Party of importation.] [Alternative to commercial availability clause in Article D].

Note on Article E: Text for discussion: Japan, EU and other interested delegations to work on this proposal: [A Contracting Party which does not have an appropriate and effective copyright system that is in line with the existing international copyright law (Berne Convention, TRIPs and WCT), shall provide in its national law a provision to prohibit making available or distribution of imported accessible format copies to persons who are not beneficiary persons.]

Note on Article F: Proposed addition from US: It is understood that a Contracting Party may adopt such effective and necessary measures [only where] [provided that] [on the condition that] the actual or likely adverse impact of the Contracting Party’s law protecting technological measures on the beneficiary person’s lawful use of the work is established by credible evidence in a transparent legislative or administrative proceeding.

Note on Article F: Alternative Proposal: [[It is understood that] a Contracting Party [that has a law protecting technological measures against circumvention] [may/should] adopt effective and necessary measures to ensure that beneficiary persons [with legal access to a work,] are not prevented from enjoying the exceptions provided under Article C where technological measures have been applied to a work [in circumstances such as where appropriate and effective measures have not been taken by rightsholders to enable the beneficiary person to enjoy the exceptions], [and may/should permit under its national law, circumvention of technological measures], taking due account of that contracting party’s relevant [rights and] obligations under international law.]

Note on Article F: Other proposals raised during the discussion include deleting Article F and possibly drafting an agreed statement on technological measures.