A NIGERIAN delegation on June 27, 2013, joined other International Negotiators at a Diplomatic Conference convened by the World Intellectual Property Organisation (WIPO) to adopt a Treaty to facilitate access to published works by Visually Impaired Persons and Persons with Print Disabilities (Beneficiary Persons).

The Treaty-making event was hosted by the Kingdom of Morocco and chaired by the nation’s Minister of Communications and Government Spokesperson, H.E. Mr. Mustapha Khalfi.
  The Director-General, Nigerian Copyright Commission (NCC) Mr. Afam Ezekude, who was head of the Nigerian delegation to the Conference held at Marrakesh, Morocco, from June 17 to June 28, 2013, said in a document released in Abuja, that the Treaty as adopted symbolises the first ever Copyright Treaty on Exceptions and Limitations for the Blind, Visually Impaired or otherwise Print Disabled Persons.

 He added that it is also a culmination of efforts that commenced 2009 in WIPO to redress the book famine that excluded over 300 million beneficiary persons from access to literary and artistic works, 90 per cent of which live in developing countries and of these, 27 million in Africa.

Mr. Ezekude noted that the Marrakesh Treaty is a landmark achievement as it symbolises the first ever Copyright Treaty on Exceptions and Limitations for the Beneficiary Persons, since the adoption of the first multilateral international Copyright Instrument (Berne Convention) in 1886, more than 227 years ago.
 
He further stated that the Treaty, adopted after more than a week of intense debate, is a real triumph of negotiation for the Nigerian delegation that successfully balanced various delicate issues such as interests of Copyright owners, Beneficiary Persons and the Sovereignty of the nation, as well as harmonising Copyright international best practices.

 Other benefits of the Treaty as highlighted in the document include:

• The Treaty enshrines a more egalitarian system that will facilitate fuller access to published works and audio text for Beneficiary Persons, as well as others;
• Enhance their inclusion and participation in culture, society, literature, research, education, economy and knowledge systems of the world;
• The Treaty establishes basic standards that provide an enabling framework for addressing the full spectrum of the declared aspiration of visually Impaired persons;
• Contracting parties of the Treaty may adopt domestic law provisions that permit the reproduction, translation, distribution and making available works in accessible format copies through Exceptions and Limitations to the rights of copyright owners;
• The Treaty also permits cross border exchanges and direct distribution between authorised entities and beneficiary persons;
• Other aspects of the Treaty indicate that it does not prescribe to governments as national governments are at liberty to determine what exception and limitations are permitted to implement the Treaty in accordance with their national laws, practices and systems in consonant with international copyright laws; and
• The Treaty is also designed to provide assurances to authors and publishers that the system will not expose their published works to misuse or distribution to anyone other than the intended beneficiaries.

 
Mr. Ezekude explained that the Treaty will be useful in bridging the literary access to knowledge and capacity gap that exists between Beneficiary Persons in the developed and developing economies, stressing that the Marrakesh Treaty is “a Copyright Treaty, a human rights Treaty, and a humane Treaty”.
  He gave assurance of Nigeria’s commitment to ensuring the swift ratification and effective implementation of the Marrakesh Treaty.

 Director-General of WIPO, Francis Gurry, in his declaration, stated that “This treaty is a victory for the blind, visually impaired and print disabled, but also for the multilateral system. With this treaty, the international community has demonstrated the capacity to tackle specific problems, and to agree a consensus solution. This is a balanced treaty, and represents a very good arbitration of the diverse interests of the various stakeholders.”

President of the World Blind Union, Mrs. Maryanne Diamond, while thanking stakeholders for their different roles in seeing to fruition the adoption of the Treaty, stated that “you gave us a Treaty, better still, you gave us a good Treaty, one that will change the lives of millions of people...” Popular Visually Impaired legend, Steven Wonder, who performed during the closing ceremony of the conference, commended the momentous adoption of the Treaty, opining that the very act has “taught many governments and peoples that business and good can be done at the same time”. He also called for swift ratification of the Treaty.

The event had over 600 delegates from 160 countries including an expert Nigerian Delegation, and 60 inter-governmental and non-governmental organisations. 

NCC secures 40 piracy convictions
The Nigerian Copyright Commission (NCC) has secured 40 convictions against different copyright offenders between January 2011 and June 2013. The pirates were sentenced to various terms, including imprisonment, in some instances, without the option of fine.

Director General, NCC, Mr. Afam Ezekude, who disclosed this in a report at the Commission’s Headquarters, Abuja yesterday, revealed that the Commission secured three convictions against pirates in 2011, 26 in 2012 and 11 between January and June, 2013.

 Also, the Federal High Court, Ikoyi, convicted and sentenced three pirates to various jail terms, including imprisonment, in some instances, without the option of fine for the infringement of the book: The Accidental Public Servant,  written by Mallam Nasir el-Rufai.

 Justice Idris of the Federal High Court Ikoyi, Lagos, on May 6, 2013, in charge No: FHC/L/159C/13 sentenced Nwoke Israel to one year imprisonment, without option of fine, on a two-count charge of having in possession and selling pirated copies of the book.

Justice Yunusa also of the Federal High Court, Ikoyi, on May 10, 2013, in Charge No. FHC/L/158C/13 sentenced another book pirate, Ifeanyichukwu Nweke, to six months imprisonment with an option of N1,000.00 (one thousand naira) fine for each count on a similar two-count charge of infringing the same book.
 
Similarly, on a two-count charge of having in possession and selling pirated copies of the book, Justice Saidu of the same court, on May 22, 2013, sentenced Akamu Chibueze to three months’ imprisonment, in charge No: FHC/L/149C/13, for both counts without any option of fine to run concurrently.

The convictions were sequel to anti-piracy operations carried out by operatives of the Commission in major outlets in Lagos, following complaints earlier received from the right owner.

Source: The Guardian Nigeria