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To those who might feel that I am sympathetic to the obstructionists as on the White House .

. gov petition -- I sent this letter in JAN 2011. I received no response.

Export of Copyrighted Materials from USA in 'Specialized Formats'

Fri, Jan 14, 2011 at 4:28 PM (begin JAN 2011 letter) To: (Officers at GRULACdigital.org) Hello to All -- My name is John Edwin Miller. I am a US Library of Congress Certified Braille Transcriber and the Founder of the US 501c3 Non Profit (NGO) 121Authent.org. 121authent(dot) org * is qualified under US Copyright Law as an 'authorized entity'. * now 121authent.wordpress.com The WIPO SCCR 19_11 document with the profile on ULAC included the following: Its members and beneficiaries are interested in the availability of published works in accessible formats, such as Braille, large print and audio, which can be read and enjoyed by visually impaired and other reading disabled persons. ULAC is interested in the proposed treaty on copyright and the visually impaired as well as the outcome of the Stakeholders Platform. The following is the stream transcript of your representative's excellent presentation at WIPO SCCR 21 (NOV 2010) which I followed and saved real-time ... But we still are years of negotiations have not received any accessible books. After years of negotiation, and despite the major budgets in major countries involved in such activities we from developing countries get the impression that this work is being done from

the point of view of developed countries where exceptions and structures are in place. And we feel that we are continuing to fight this fight and achieving no tangible results. The representative of Chile was particularly critical of the US Proposal 'Consensus Agreement' WIPO SCCR 20/10 as expressed in WIPO SCCR 2013 'Draft Report' at 187.: With respect to the United States of Americas proposal, the (Chilean) Delegation pointed out that the preamble did not fit with what had been described in the Sullivan study which showed that less than half of the Member States had limitations and exceptions for visually impaired persons... The US Draft Consensus is particularly interesting given that in the WIPO 20/7 summary of Questions & Answers on Exceptions and Limitations says: For example, the copyright law of the United States of America contains a special set of exceptions regarding the copyright holders control of distribution (importation and exportation) permitting individuals and authorized entities to engage in many acts of importation to meet the needs of persons with print disabilities. The actual wording of the US response to the question on exceptions concludes: This means that acts of importation and exportation by authorized entities (as that term is defined in 17 U.S.C. 121(d)(1)) that meet the conditions of 121 will be exempt from (restrictions on export of copyrighted materials as elsewhere defined in US Copyright Law). So my reason for contacting you all: Is there something that we could do together using this option to put into persons hands TODAY materials in specialized formats initially in BRF Braille file? ... and at least initially in English language.

Again, my 501c3 Non Profit NGO is qualified under US Copyright Law as an 'Authorized Entity'. The following 2 items are from the NLS fact sheet on the 1996 US Copyright Law Amendment: To the extent that authorized agencies and organizations use or delegate authority to volunteers, special education teachers, and commercial producers under government contract to produce and distribute works under the exemption, those activities appear to be fully covered by the exemption. Such individuals can be said to be agents of authorized entities and are, therefore, acting under implied authority. All works protected by U.S. copyright law, including those first published abroad or in multiple editions published in several countries, are subject to the exemption for activities undertaken by authorized entities within the United States. Section 104 of title 17 sets out the eligibility requirements for U.S. copyright law protection. I would like to discuss the possibility of using my qualified 'authorized entity' to facilitate exports of Braille renditions of materials protected under US Copyright as provided by the exception as detailed in the US Copyright Office's response to the WIPO SCCR questionnaire. Thank you. JEM (End JAN 2011 letter)

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