VZCZCXRO8488
RR RUEHIK
DE RUEHMD #1074 3081048
ZNR UUUUU ZZH
R 041048Z NOV 09
FM AMEMBASSY MADRID
TO RUEHC/SECSTATE WASHDC 1412
INFO RUCNMEM/EU MEMBER STATES COLLECTIVE
RUEHBR/AMEMBASSY BRASILIA 0660
RUEHQT/AMEMBASSY QUITO 0006
RUEHAC/AMEMBASSY ASUNCION 0140
RUEHLA/AMCONSUL BARCELONA 4188
RUCPDOC/USDOC WASHDC

UNCLAS MADRID 001074 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EUR/WE AND EEB/TPP/IPE 
STATE PASS USTR FOR D.WEINER 
STATE PASS U.S. COPYRIGHT OFFICE FOR M.PALLANTE, M.WOODS 
COMMERCE FOR 4212/D.CALVERT 
COMMERCE ALSO FOR USPTO 
 
E.O. 12958: N/A 
TAGS: KIPR WIPO SP
SUBJECT: WIPO STANDING COMMITTEE MEETING: EXCHANGE OF VIEWS WITH 
SPANISH OFFICIAL 
 
¶1. (SBU) Summary: During an October 29 meeting with Spanish Ministry 
of Culture official Carlos Guervos (septel), senior U.S. Copyright 
Office official Maria Pallante raised the mid-December meeting of 
WIPO's Standing Committee on Copyrights and Neighboring Rights 
(SCCR).  The conversation focused on discussions underway in the 
WIPO SCCR on making copyright-protected materials accessible to the 
visually impaired.  Pallante advised that the U.S. is examining the 
text of the draft Treaty proposed by Brazil, Ecuador, and Paraguay, 
including specifically the changes it would require to existing U.S. 
law, and that the U.S. is seeking public input to determine other 
possible solutions that would enhance access for the visually 
impaired in a meaningful way.  She suggested that, given the legal 
and practical complexities of enhancing access, Spain and other 
countries likewise prepare for the forthcoming SCCR in December by 
consulting its stakeholders and the broad public. 
 
¶2. (SBU) Pallante noted that the U.S. has a long history of serving 
the visually impaired community (including through the Library of 
Congress and other trusted intermediaries), has an effective, 
codified exception for the visually impaired in the U.S. Copyright 
Act, and has a great deal of experience in lawfully creating and 
distributing accessible formats.  She commented that these points 
were understated in press and blog accounts surrounding the May, 
2009 SCCR meeting, in favor of more sensational accounts put forth 
by some NGOs, but that the United States intended to continue its 
efforts to provide meaningful support to WIPO and the visually 
impaired community on this issue. 
 
¶3. (SBU) Pallante stated that, like Spain and other countries of the 
EU, the U.S. does not favor a Treaty as the most effective course of 
action to improve access, particularly when some of the proponent 
countries lack national experience in serving the visually impaired 
and would take years to implement a Treaty. The U.S., she said, 
recently published its second Federal Register notice on the issue, 
and suggested that Spain and other countries also conduct a public 
process to obtain a better grasp of the complexities of the issue 
and effective and appropriate solutions.  (Note: The Federal 
Register notices and a more complete elaboration of this issue, can 
be found at www.copyright.gov.  End Note.) Guervos replied that the 
GOS had consulted with the copyright management societies and was 
also in preliminary conversations with the National Organization of 
Spain's Blind (ONCE).  He intimated that Spain might be able to 
serve as a bridge between the Brazil-Ecuador-Paraguay position and 
the position of the U.S. and other countries.  Pallante agreed and 
noted that the U.S. Copyright Office and WIPO have organized an 
international training on IPR issues pertaining to the visually 
impaired for developing countries and countries in transition the 
week of March 8, 2010. 
 
¶4. (U) Maria Pallante cleared this cable.