Marrakesh Treaty

Marrakesh Treaty
Name	Marrakesh Treaty
Type	International copyright treaty
Location signed	Marrakesh
Date signed	2013-06-27
Effective date	2016-09-30
Parties	World Intellectual Property Organization
Subject	Access to published works for blind, visually impaired, print disabled

Marrakesh Treaty

The Marrakesh Treaty is an international agreement adopted at World Intellectual Property Organization negotiations in Marrakesh to facilitate access to published works for people who are blind, visually impaired, or otherwise print disabled. The instrument complements prior instruments such as the Berne Convention, WIPO Copyright Treaty, and TRIPS Agreement and was concluded during a diplomatic conference attended by representatives from United States, European Union, India, Brazil, and South Africa. The treaty creates mandatory exceptions to copyright and a framework for cross-border exchange, informed by advocacy from organizations including World Blind Union, Human Rights Watch, Amnesty International, Royal National Institute of Blind People, and National Federation of the Blind.

Background and Negotiation

Negotiations arose from efforts by World Intellectual Property Organization member states to address a global "book famine" highlighted by stakeholders such as UNESCO, World Health Organization, International Labour Organization, International Federation of Library Associations and Institutions, and civil society coalitions like Essential Access to Copyright. Delegations from Argentina, Chile, Ecuador, Guatemala, Peru, and Colombia proposed regional measures drawing on precedents from the Buenos Aires Protocol and discussions at the WIPO Standing Committee on Copyright and Related Rights. Industrialized country positions from United States, Japan, Australia, Canada, and New Zealand emphasized safeguards compatible with bilateral instruments like Free Trade Agreement (United States–Korea) and institutions such as the European Commission and Council of the European Union. Negotiators referenced domestic laws including the American Disabilities Act, UK Copyright, Designs and Patents Act, Canadian Copyright Act, Indian Copyright Act, and Brazilian Copyright Law to craft language balancing exceptions with rights asserted by rights holders represented by International Publishers Association, Confederation of European Publishers, and International Federation of Reproduction Rights Organisations.

Objectives and Key Provisions

Primary objectives parallel those of UN Convention on the Rights of Persons with Disabilities by reducing barriers to access to works protected under Berne Convention principles. Core provisions require contracting parties to provide limitations and exceptions enabling the reproduction, distribution, and making available of accessible format copies, referencing models such as the Chilean law on disabilities and U.S. Chafee Amendment. The treaty establishes a mechanism for cross-border exchange of accessible format copies among authorized entities, drawing upon systems used by International Federation of Library Associations and Institutions member libraries, European Blind Union networks, and regional initiatives like the African Regional Intellectual Property Organization. Text includes safeguards for technological protection measures with influences from WIPO Performances and Phonograms Treaty dialogues and recognition of rights managed by organizations such as Collective Management Organizations, Society of Authors, and Copyright Clearance Center.

Implementation and National Measures

Implementation required amendments to national statutes in jurisdictions including United States, European Union, India, Japan, Brazil, and South Africa. Legislative changes referenced models from the UK Digital Economy Act, Canadian Copyright Modernization Act, Australian Copyright Act 1968 amendments, and India Copyright (Amendment) Bill. Administrative measures involved coordination among agencies such as Ministry of Culture (France), United States Copyright Office, Patent and Trademark Office, National Library of Spain, and Library of Congress, alongside technical standards propagated by International Organization for Standardization committees and accessibility guidelines like Web Content Accessibility Guidelines. Authorized entities—libraries, archives, and educational institutions—adapted practices using cataloging systems developed by OCLC, Dewey Decimal Classification, and metadata standards promoted by International Federation of Library Associations and Institutions.

Impact on People Who Are Blind, Visually Impaired or Otherwise Print Disabled

The treaty aimed to expand availability of accessible format books, benefitting users of technologies such as screen readers, refreshable braille displays, audio books, DAISY Consortium formats, and services like Bookshare and Project Gutenberg. Implementation enabled cross-border lending and digital exchange via networks like International Exchange of Accessible Formats and collaborations with organizations including World Blind Union, Royal National Institute of Blind People, Perkins School for the Blind, Helen Keller International, and National Federation of the Blind. Outcomes intersect with rights recognized by Convention on the Rights of Persons with Disabilities and development goals of United Nations Sustainable Development Goals pursued by UNESCO and UN Development Programme. Evaluations referenced studies by World Health Organization, Pew Research Center, and International Telecommunications Union on information access disparities.

Status of Ratification and Compliance

The treaty entered into force following ratification thresholds handled by World Intellectual Property Organization procedures, with early ratifications by European Union, Mexico, Norway, Ecuador, and Mongolia. Subsequent accession by states including United States and Zimbabwe expanded coverage, while regional ratification efforts involved entities such as African Union and Association of Southeast Asian Nations. Compliance monitoring draws on reporting to WIPO Standing Committee on Copyright and Related Rights, shadow reports from World Blind Union and Human Rights Watch, and technical assistance facilitated by World Intellectual Property Organization capacity-building programs and bilateral aid from donors like European Commission and USAID.

Criticisms and Legal Challenges

Criticisms arose from stakeholders like International Federation of Reproduction Rights Organisations, International Publishers Association, and some national publishers who argued exceptions could undermine market incentives and conflict with bilateral accords like Trade-Related Aspects of Intellectual Property Rights (TRIPS). Legal challenges and interpretations emerged in courts such as the Supreme Court of India, European Court of Justice, and national tribunals assessing the relationship with existing statutes including Berne Convention obligations and domestic collective licensing regimes. Debates continue over definitions of authorized entities, scope of cross-border exchange, and safeguards concerning technological protection measures, with policy dialogues ongoing at World Intellectual Property Organization and within regional forums like European Union Intellectual Property Office.

Category:International copyright treaties