A/HRC/28/57
The Department of Basic Education has distributed millions of copies to schools as
supplementary materials.43
89.
In India, the non-profit organization Pratham Books decided “to massively scale the
production of high quality, low-cost children’s books for a massively multi-lingual and
multi-cultural market.”44 Pratham publishes in 11 languages largely neglected by the forprofit publishing industry. Estimating that 200 million children in India cannot afford
books, the organization has introduced inexpensive story cards for 2 rupees. Pratham uses
Creative Commons licences and partners with a variety of government agencies, corporate
sponsors and non-profit organizations to disseminate more than 1 million books each year.
VI. Conclusion and recommendations
90.
The human rights perspective focuses attention on important themes that may
be lost when copyright is treated primarily in terms of trade: the social function and
human dimension of intellectual property, the public interests at stake, the
importance of transparency and public participation in policymaking, the need to
design copyright rules to genuinely benefit human authors, the importance of broad
diffusion and cultural freedom, the importance of not-for-profit cultural production
and innovation, and the special consideration for the impact of copyright law upon
marginalised or vulnerable groups.
91.
The Special Rapporteur draws the following conclusions and makes the
following recommendations.
Ensuring transparency and public participation in law-making
92.
International intellectual property instruments, including trade agreements,
should be negotiated in a transparent way, permitting public engagement and
commentary.
93.
National copyright laws and policies should be adopted, reviewed and revised
in forums that promote broad engagement, with input from creators and the public at
large.
Ensuring the compatibility of copyright laws with human rights
94.
International copyright instruments should be subject to human rights impact
assessments and contain safeguards for freedom of expression, the right to science and
culture, and other human rights.
95.
Such instruments should never impede the ability of States to adopt exceptions
and limitations that reconcile copyright protection with the right to science and
culture or other human rights, based on domestic circumstances.
96.
States should complete a human rights impact assessment of their domestic
copyright law and policy, utilizing the right to science and culture as a guiding
principle.
43
44
Eve Gray, “OER in the Mainstream — South Africa Takes a Leap into OER Policy” (OpenUCT
Initiative). Available from http://openuct.uct.ac.za/oer-mainstream-%E2%80%93-south-africa-takesleap-oer-policy (accessed on 4 December 2014).
Allison Domicone, “Letter from Featured Superhero Gautam John of Pratham Books” (Creative
Commons), 16 November 2010. Available from http://creativecommons.org/tag/pratham-books.
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