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Article 2 Definitions

Fri, 05/16/2014 - 13:21 -- shalini.singh

For the purposes of this Treaty: 

(a) "works" means literary and artistic works within the meaning of Article 2(1) of the Berne Convention for the Protection of Literary and Artistic Works, in the form of text, notation and/or related illustrations, whether published or otherwise made publicly available in any media [1];

(b) "accessible format copy" means a copy of a work in an alternative manner or form which gives a beneficiary person access to the work, including to permit the person to have access as feasibly and comfortably as a person without visual impairment or other print disability.  The accessible format copy is used exclusively by beneficiary persons and it must respect the integrity of the original work, taking due consideration of the changes needed to make the work accessible in the alternative format and of the accessibility needs of the beneficiary persons;

(c) "authorized entity" means an entity that is authorized or recognized by the government to provide education, instructional training, adaptive reading or information access to beneficiary persons on a non-profit basis.  It also includes a government institution or non-profit organization that provides the same services to beneficiary persons as one of its primary activities or institutional obligations [2].

An authorized entity establishes and follows its own practices:

  • (i)  to establish that the persons it serves are beneficiary persons;

    (ii) to limit to beneficiary persons and/or authorized entities its distribution and making available of accessible format copies;

    (iii) to discourage the reproduction, distribution and making available of unauthorized copies;  and

    (iv) to maintain due care in, and records of, its handling of copies of works, while respecting the privacy of beneficiary persons in accordance with Article 8.

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