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Tigar Fast Track - Memorandum of Understanding

Final Version V1 (3 June 2011)

This TIGAR (Trusted Intermediary Global Accessible Resources Project) FAST TRACK MEMORANDUM OF UNDERSTANDING (TIGAR MOU) sets out a short term arrangement to facilitate early trials of cross border file exchange for accessible books between limited numbers of Trusted Intermediaries. It has been produced to facilitate early progress on the project while copyright matters are further considered. A practical, longer term licensing solution will be developed to replace the TIGAR MOU for activities beyond the Fast Track.

Participants in this TIGAR MOU are Rightsholder Organisations (RHs), Trusted Intermediaries (TIs) and the World Intellectual Property Organization (WIPO).

In accepting this TIGAR MOU, all parties:

Agree to act in good faith and will use all reasonable endeavours to ensure satisfaction of the conditions herein.
Recognise that authors, publishers and others hold important rights in their books and these must be respected in any solutions adopted.
Promote and support the principle that people with print disabilities have equal access to information and reading material as envisaged in Article 19 of the UN’s Universal Declaration of Human Rights.
Recognise that whilst there are many challenges and complexities in the cross border clearance of rights, only simplified solutions will work for all parties concerned.
Agree that WIPO will hold a record of the organisations subscribing to this TIGAR MOU.
Understand that, as the ‘Fast Track’ progresses but in advance of establishing a longer term licensing solution, changes or extensions to this TIGAR MOU may be proposed. In such circumstances, all parties to the TIGAR MOU will be asked to reaffirm their commitment to any changes before they are acted upon.
Agree to act collaboratively to help address any problems that arise for another signatory of this TIGAR MOU as a result of participation in the TIGAR Fast Track Approach.
Recognise that complex copyright situations that exist for different rightsholders in different countries may restrict the use of some titles within the Fast Track Approach.
Any party may withdraw with one month’s notice.

1. Definitions

Term	Definition
“SIGNING ORGANISATION”	The RH or TI that has signed this TIGAR MOU, and WIPO.
“FAST TRACK”	An approach to accelerate the TIGAR project by working with a small number of TIs, RHs and titles from TI EXISTING COLLECTIONs.
“WIPO”	The World Intellectual Property Organization.
“DAISY”	DAISY is an open accessible digital format. It can combine different levels of text with the option of audio (MP3) that can be recorded (human narration) or synthetic speech. Text can be the full text of a book or merely a table of contents, and many levels in between. The text is tagged so a reader can use a Daisy player device or software on a computer to navigate between chapters, paragraphs and sentences. On a computer screen, text can be highlighted as the audio is played.
“RHs”	Rightsholder Organisations which are either publishers, authors, or organizations mandated to represent publishers or authors (Publishing Associations, Author Associations or Reproduction Rights Organisations (RROs)), that have signed this TIGAR MOU.
“TIs”	Trusted Intermediaries which are not-for-profit organisations that provide specialized services related to training, education, adaptive reading or information access for people with print disabilities, and that have signed this TIGAR MOU.
“TIGAR”	The Trusted Intermediary Global Accessible Resources Project. The project is expected to run for three years until the end of November 2013, with a tolerance of a further possible six months to allow for contingencies.
“TIGAR PROJECT TEAM”	The TIGAR Steering Committee and Project Management Team.
“EXISTING COLLECTION”	An Existing Collection is a portfolio of books in accessible formats that a TI has already produced using a legislative copyright exception, licence or other agreement with Rightsholders.
“PERSONS WITH PRINT DISABILITIES”	For the purposes of the TIGAR MOU, any definition that already exists in a licence or legislative copyright exception for the country of the TI that is distributing accessible copies to persons with print disabilities will take precedence. In the event that neither exists, the default definition will be: Any natural person: (a) who is blind: or (b) who has an impairment of visual function which cannot be improved, by the use of corrective lenses, to a level that would normally be acceptable for reading without a special level or kind of light; or (c) who is unable, through physical disability, to hold or manipulate a work; or (d) who is unable, through physical disability, to focus or move his eyes to the extent that would be acceptable for reading; or (e) who is dyslexic and, whose disability results in an inability to read a commercially available standard edition of works; and, who can be helped to read by reformatting the content (but, for avoidance of doubt, requires only a change to the graphic presentation of the original text and does not require the text itself to be rewritten in simpler terms to facilitate comprehension).
“TIGAR CENTRAL FILE UPLOAD/DOWNLOAD FACILITY”	A central service to be developed and provided by WIPO for the TIGAR project that will facilitate the secure transfer of accessible DAISY and BRAILLE files from one TI to another, and capture usage statistics for reporting purposes. This will start as a basic facility to allow the early exchange of files and will then be further developed as the project progresses.
“STANDARD VERSION OF THE TITLE”	For the title of a QUALIFYING FILE that is being received, a book in a common published format that has not been modified into an alternative format e.g. hard back or paperback.
“QUALIFYING FILE”	An electronic file for a Daisy or Braille version of a book that exists within an EXISTING COLLECTION of accessible books that has been created by a TI.

2. Fast Track Approach

The Signing Organisations agree to use all reasonable endeavours to advance the TIGAR project quickly within the simplest scenario practicable in order to generate demonstrable results, gain practical experience and understanding, and build confidence. They acknowledge that wider project solutions for licensing and ICT infrastructure will continue to be developed in parallel. It is intended that ultimately the two sets of activities will merge as full solutions are rolled out for TIs and RHs, subject to appropriate new agreements.

3. Existing Rights

This TIGAR MOU in no way alters, limits or detracts from licences already granted to TIs by RHs, or any legal copyright exception.

4. Works Covered

This TIGAR MOU covers:

The exchange of QUALIFYING FILES between Trusted Intermediaries and only for titles whose RH has signed this TIGAR MOU.

5. Supplying TI Permissions and Obligations

A TI may supply a QUALIFYING FILE to TIs in other countries, provided that all of the following are satisfied:

a. The TI has confirmed with WIPO that the RH that controls rights for the title of the Qualifying File in its territory has signed the TIGAR MOU.

b. The TI informs the RH of the original ISBNs for the QUALIFYING FILEs it intends to supply at least three weeks in advance of its intended distribution in order to allow RHs to identify and satisfy any additional special rights clearance needs or issues, and the TI will not supply the QUALIFYING FILES to other TIs until it has received clearance from the RH.

c. For the purposes of this TIGAR MOU, The TI uses the TIGAR CENTRAL FILE UPLOAD/DOWNLOAD FACILITY to transfer QUALIFYING FILES to other TIs.

d. The QUALIFYING FILE includes a copyright notice that:

Recognises the copyright of the original work.
States it is a copy of the original work that has been produced under licence or legislative copyright exception within its territory or with the permission of the RH.
States that it is solely for the personal use of a blind or reader with print disabilities, and that it may not be further copied without permission.

6. Receiving TI Permissions and Obligations

A TI may receive a QUALIFYING FILE from another TI using the TIGAR CENTRAL UPLOAD/DOWNLOAD FACILITY and distribute it within its territory, provided that all of the following are satisfied:

a. The TI has confirmed with WIPO that the RH that controls rights for the title of the QUALIFYING FILE in its territory has accepted this TIGAR MOU,

Or,

It has secured permission under a separate agreement from the RH,

Or,

The TI has a licence or benefits from a legislative copyright exception to produce and distribute accessible books to PERSONS WITH PRINT DISABILITIES.

b. An equivalent accessible copy of the book is not lawfully and commercially available within their territory within a reasonable time or price;

c. A STANDARD VERSION OF THE TITLE is lawfully and commercially available within their territory;

d. The TI has adequate security mechanisms in place to prevent unauthorised access to the files it has received;

e. The TI distributes accessible versions only to PERSONS WITH PRINT DISABILITIES, and has adequate processes or systems in place to make sure this happens;

f. The TI does not make a profit through the distribution of the book.

g. The TI reports to WIPO every six months, with the first report at the end of December 2011, for each QUALIFYING FILE it has received from another TI under this TIGAR MOU, the number of PERSONS WITH PRINT DISABILITIES to whom the QUALIFYING FILEs has been provided.

h. If at any time, a TI has a concern about its capability to satisfy the requirements of this TIGAR MOU, it will report details to the TIGAR PROJECT TEAM and explain if and how it can address the concern. The TIGAR PROJECT TEAM will share any such declaration with RHs and will seek a clarification of the position and guidance for the TI.

i. The TI withdraws from use and deletes all files for any title withdrawn by an RH as described in Clause 7, and will use all reasonable efforts to do this as quickly as possible.

j. The TI does not pass the QUALIFYING FILE on to other TIs.

7. Rightsholder Permissions and Obligations

a. The RH will inform the TI of any limitations in the titles that may be considered for the TIGAR Fast Track Approach.

b. The RH will undertake, usually within a target time of three weeks, the necessary actions required to clear rights for requested titles and inform the TI of the results including any specific titles that it will be unable to use.

c. A RH may request from a TI an explanation of how it is satisfying the conditions within this TIGAR MOU, and a TI will use reasonable endeavours to provide a transparent and timely response.

d. A RH may withhold or withdraw permission to transfer a QUALIFYING FILE to other TIs due to specific rights issues or if it withdraws from this TIGAR MOU. The RH must specify whether or not any QUALIFYING FILES received under this TIGAR MOU are to be withdrawn from use and permanently deleted by the TIs.

8. WIPO Obligations

WIPO will:

a. Co-sign each TIGAR MOU once it has been signed by the SIGNING ORGANISATION and accepted by the TIGAR Project Team, and maintain records of acceptances received.

b. Monitor and make available details of all accepted TIGAR MOUs, and any organisation that has withdrawn from it, to all signatories of this TIGAR MOU.

c. Provide a three monthly report, with the first report at the end of September 2011, to all parties who have signed this TIGAR MOU and the TIGAR PROJECT TEAM, a list of each QUALIFYING FILE that has been exchanged between every TI under this TIGAR MOU.

d. Provide a six monthly aggregate report, with the first report in December 2011, to all parties who have signed this TIGAR MOU and the TIGAR PROJECT TEAM, for each TI a list of each QUALIFYING FILE it has received under this TIGAR MOU and the number of PERSONS WITH PRINT DISABILITIES to whom a copy has been distributed.

e. Assist in the resolution or arbitration of any issues that arise between participating organisations that cannot be resolved directly or with the help of the TIGAR PROJECT TEAM.

f. Provide the TIGAR CENTRAL FILE UPLOAD/DOWNLOAD FACILITY as part of its in-kind contribution to the TIGAR Project.

g. If the circumstances arise that a RH requires TIs to withdraw titles from their collections, WIPO will provide all appropriate TIs with a complete list of the titles to be withdrawn.

9. Variations

If the SIGNING ORGANISATION requires variations to this TIGAR MOU in order to satisfy national licensing, legislative or operational requirements, or to enable the SIGNING ORGANISATION to participate in the TIGAR FAST TRACK approach, these variations are listed below. These will require acceptance of the TIGAR PROJECT TEAM and all other signatories of the TIGAR MOU prior to this signed copy of the TIGAR MOU being co-signed by WIPO.

10. Termination

This TIGAR MOU will terminate either:

a) When replaced by another agreement during the TIGAR project;

b) On conclusion of the TIGAR project, at which time all QUALIFYING FILEs provided under this TIGAR MOU must be deleted by all TIs that have received them unless specific additional permissions are granted by the RH.

11. Acceptance

I accept this TIGAR MOU on behalf of:

Organisation:

Signatory Name:

Position in Organisation:

Telephone:

Email:

Date:

Please send this duly signed complete document to WIPO for the attention of Andrew TU, Senior Advisor to the Assistant Director General, Culture and Creative Industries Sector, World Intellectual Property Organization, 34 Chemin Des Colombettes, 1211 Geneva 20, Switzerland. Email: andrew.tu@wipo.int.

Co-sign

I co-sign this TIGAR MOU on behalf of WIPO:

Signatory Name:

Position at WIPO:

Telephone:

Email:

Date: