Marrakesh Treaty

Marrakesh Treaty. It is a landmark international agreement administered by the World Intellectual Property Organization aimed at increasing the availability of published works in accessible formats for individuals with print disabilities. The treaty was adopted on June 27, 2013, in Marrakesh, Morocco, and represents a significant exception within global copyright law. It seeks to harmonize limitations and exceptions to copyright to facilitate the creation and cross-border exchange of accessible-format copies, such as Braille, audiobooks, and large-print texts.

Introduction

The treaty directly addresses the severe global "book famine," where less than ten percent of published materials are available in accessible formats for hundreds of millions of people. It establishes a mandatory set of limitations and exceptions within national copyright frameworks, requiring member states to allow the reproduction, distribution, and making available of published works in accessible formats without requiring authorization from the copyright holder. Key beneficiaries include individuals who are blind, have visual impairments, or have other physical disabilities that prevent them from reading standard print, as recognized under national law. The agreement is notable for being the first WIPO treaty focused on user rights and human rights, rather than expanding rights for authors and publishers, and is closely aligned with the United Nations Convention on the Rights of Persons with Disabilities.

History

Negotiations for the treaty began in earnest within the Standing Committee on Copyright and Related Rights at WIPO in 2008, following years of advocacy by organizations like the World Blind Union and Knowledge Ecology International. The diplomatic conference to conclude the treaty was held in Marrakesh in June 2013, with strong support from delegations including the European Union, African Group, and Latin American countries. The treaty was signed by 51 states on the final day, with India becoming the first country to ratify it in June 2014. It entered into force on September 30, 2016, after ratification by the required 20 parties, which included nations like Canada, Argentina, and Australia. The United States ratified the treaty in 2019, implementing it through the Marrakesh Treaty Implementation Act.

Provisions

The core obligation requires contracting parties to introduce a limitation or exception in their national copyright laws permitting authorized entities, such as non-profit organizations and government institutions, to produce and distribute accessible-format copies. It allows for the cross-border exchange of these works between member countries and authorized entities without infringement, streamlining what was previously a complex legal patchwork. The treaty includes safeguards to prevent the distribution of accessible copies to anyone other than beneficiaries and requires that authorized entities exercise due care in handling copies. It also permits circumvention of technological protection measures when necessary to make a work accessible, a provision that has been critical for accessing modern e-books and digital publications.

Implementation

Implementation requires states to enact domestic legislation conforming to the treaty's standards, a process that has varied in speed and scope across the globe. In the European Union, the treaty was implemented via a Directive and a Regulation, which harmonized exceptions across member states like France, Germany, and Italy. Countries such as Japan and Brazil have amended their copyright acts, while in the United Kingdom, changes were made through the Copyright and Related Rights Regulations 2018. WIPO plays a key role in facilitating implementation through its Accessible Books Consortium, which supports capacity building and operates the ABC Global Book Service, a repository for exchanging accessible texts.

Impact

The treaty has significantly increased the volume and international flow of accessible-format books, reducing duplication of effort by libraries and organizations in different countries. It has empowered organizations like the Royal National Institute of Blind People in the UK and the Canadian National Institute for the Blind to share collections globally. The framework has also spurred innovation in accessible publishing practices among major publishers and technology companies. By framing access to information as a human right, the treaty has influenced other areas of international law and policy debates at forums like the World Trade Organization and the World Health Organization, promoting a more inclusive approach to knowledge and culture worldwide. Category:World Intellectual Property Organization treaties Category:Copyright treaties Category:2013 treaties Category:Treaties concluded in 2013