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| Marrakesh Treaty Implementation Act | |
|---|---|
| Name | Marrakesh Treaty Implementation Act |
| Enacted by | Congress of the United States |
| Enacted | 2018 |
| Effective | 2018 |
| Related legislation | Copyright Act of 1976, Berne Convention for the Protection of Literary and Artistic Works, WIPO |
Marrakesh Treaty Implementation Act is federal legislation enacted to implement obligations arising from the Marrakesh Treaty to facilitate access to published works for persons who are blind, visually impaired, or otherwise print disabled. The Act amends aspects of the Copyright Act of 1976 to create exceptions and limitations for the reproduction, distribution, and cross-border exchange of accessible format copies by designated entities. It interacts with international instruments such as Berne Convention for the Protection of Literary and Artistic Works and institutions including World Intellectual Property Organization.
The Act arose from negotiations culminating in the Marrakesh Treaty, championed by advocacy groups like World Blind Union and supported by delegations from nations including United States, European Union, Japan, and India. It sought to reconcile obligations under Berne Convention for the Protection of Literary and Artistic Works, Universal Declaration of Human Rights, and disability rights frameworks such as the Convention on the Rights of Persons with Disabilities. Proponents included organizations like American Library Association and National Federation of the Blind, while stakeholders such as Publishing Industry representatives and rights holders participated through bodies like the Copyright Royalty Board.
Introduced in the 114th United States Congress, the Act was debated in committees including the United States House Committee on the Judiciary and the United States Senate Committee on the Judiciary. Key hearings featured testimony from representatives of WIPO, Library of Congress, National Library Service for the Blind and Print Disabled, and civil society actors such as American Council of the Blind. The measure drew comparisons to prior statutes including the Chafee Amendment and influenced subsequent rulemaking by agencies like the United States Copyright Office. Passage followed negotiations among lawmakers from both parties and consultations with rights holders like Association of American Publishers.
The Act specifies exceptions to the Copyright Act of 1976 for creating and distributing accessible format copies by designated entities such as the Library of Congress programs and qualified libraries named by statute. It authorizes cross-border exchange of accessible works among parties to the Marrakesh Treaty and sets conditions to prevent unauthorized general distribution, aligning with standards referenced by Berne Convention for the Protection of Literary and Artistic Works and interpretations by World Intellectual Property Organization. The statute delineates eligibility criteria influenced by precedents like the Chafee Amendment, defines permitted formats paralleling industry practices of publishers like Penguin Random House, and entrusts administrative functions to offices including the United States Copyright Office.
Implementation involved rulemaking by the United States Copyright Office and coordination with agencies such as the Library of Congress and the National Federation of the Blind. Compliance mechanisms reference recordkeeping and delivery protocols similar to those used by institutions like Project Gutenberg and Internet Archive, while balancing concerns raised by Association of American Publishers and rights holders like Warner Bros., HarperCollins, and Simon & Schuster. International exchange requires certification or notice procedures echoing practices of treaty administrations at WIPO and customs coordination seen in multilateral agreements like the North American Free Trade Agreement.
Libraries and nonprofit publishers such as American Printing House for the Blind and university presses reported expanded capacity to reproduce and share accessible editions. The Act influenced operations at institutions including the National Library Service for the Blind and Print Disabled and spurred partnerships between organizations like Bookshare and academic libraries at Harvard University and University of California. Rights holders including Macmillan Publishers adjusted licensing strategies, and technological vendors such as Amazon (company) and developers of DAISY Consortium standards engaged in format compatibility efforts.
By implementing the Marrakesh Treaty, the Act enabled the United States to join international obligations overseen by WIPO and to cooperate with parties including United Kingdom, Canada, Australia, Brazil, and South Africa. It affected diplomatic and trade dialogues in forums like the World Trade Organization and intersected with regional copyright frameworks such as the European Union copyright law. Cross-border exchange provisions required coordination akin to procedures under agreements like the Trans-Pacific Partnership (negotiated stage) and bilateral intellectual property dialogues with partners like Japan and India.
Critics including some rights holders argued the Act risked reducing licensing revenues and undermining control asserted under precedents like Sony Corp. v. Universal City Studios, Inc.. Litigation and administrative disputes involved parties such as the Association of American Publishers and advocacy groups like National Federation of the Blind, raising questions about the scope of exceptions compared to norms established in cases like Eldred v. Ashcroft. Debates focused on safeguards against misuse, technological protection measures, and clarity of designated entity roles, prompting ongoing guidance from the United States Copyright Office and continued negotiations in WIPO fora.
Category:United States federal copyright legislation