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| Marrakesh VIP Treaty | |
|---|---|
| Name | Marrakesh VIP Treaty |
| Long name | Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled |
| Signed | 2013-06-27 |
| Location signed | Marrakesh |
| Parties | World Intellectual Property Organization |
| Effective | 2016-09-30 |
| Condition effective | 20 ratifications |
| Languages | English, French, Spanish, Arabic, Chinese, Russian |
Marrakesh VIP Treaty The Marrakesh VIP Treaty is an international instrument adopted to ease cross-border exchange of accessible format copies for people with print disabilities. It was concluded at a diplomatic conference hosted in Marrakesh under the auspices of the World Intellectual Property Organization and aims to reconcile international Berne Convention obligations with practical exceptions and limitations similar to national measures in jurisdictions like the United States and the European Union. Negotiations involved diverse stakeholders including representatives from World Blind Union, International Federation of Library Associations and Institutions, and rights holders such as the International Publishers Association.
Negotiations took place against a backdrop of longstanding disputes over copyright exceptions exemplified by discussions at WIPO Standing Committee on Copyright and Related Rights and prior agreements like the Agreement on Trade-Related Aspects of Intellectual Property Rights. Delegations from Canada, Brazil, India, and South Africa pressed for binding norms following national initiatives including the Chafee Amendment in the United States and statutory schemes in United Kingdom and Australia. Civil society groups such as Human Rights Watch and disability organizations including Perkins School for the Blind and Royal National Institute of Blind People were active at the WIPO Diplomatic Conference in Marrakesh. Publishers and collective management organizations like ARRS and CISAC negotiated text on safeguards and technological protection measures akin to debates in European Court of Justice cases and regional instruments such as the WIPO Copyright Treaty.
The core treaty text establishes an obligation for contracting parties to provide limitations or exceptions to copyright for the benefit of beneficiaries recognized in instruments like the Convention on the Rights of Persons with Disabilities. It defines categories including beneficiaries similar to those in national laws such as the Copyright Act of Canada and sets parameters for making and distributing accessible format copies through authorized entities like libraries and agencies comparable to Library of Congress National Library Service for the Blind and Print Disabled. The treaty addresses cross-border exchange via a concept resonant with mutual recognition frameworks exemplified by European Economic Area arrangements, and contains provisions on technological protection measures and rights management information reminiscent of debates in Digital Millennium Copyright Act discussions. Safeguards for rights holders reference remedies and exceptions analogous to remedies under the Berne Convention and dispute settlement norms that echo WIPO Arbitration and Mediation Center processes.
Contracting parties have implemented the treaty through instruments ranging from statutory amendments to administrative guidelines, following models seen in United States Copyright Office rulings, UK Copyright, Designs and Patents Act 1988 revisions, and reforms in Brazilian Copyright Law. National measures establish lists of authorized entities along lines similar to registries kept by institutions like the British Library or the Bibliothèque nationale de France, and systems for verifying beneficiary status reflecting practices at agencies such as Royal National Institute of Blind People. Technical provisions have prompted coordination with standards bodies like ISO and DAISY Consortium to ensure interoperability. Implementation has also required adjustments within collective management organizations such as Society of Authors, Composers and Publishers-style entities to accommodate accessible format exceptions.
Following entry into force, the treaty has facilitated cross-border transfer of accessible format works, increasing availability similar to the effects observed after national reforms in Canada and Australia. Libraries and specialized agencies modelled on National Library Service for the Blind and Print Disabled scaled exchange networks, while advocacy groups including World Blind Union reported improvements in educational access in countries comparable to South Africa and Mexico. The treaty stimulated collaborations among publishers, represented by International Publishers Association, libraries like Library of Congress, and disability organizations to create distribution mechanisms analogous to international document supply networks exemplified by International Federation of Library Associations and Institutions initiatives.
Critics including some rights holder groups argued that the treaty's exceptions might erode territorial licensing models used by entities like Penguin Random House and collective societies such as ASCAP; debates recalled controversies around Google Books. Legal challenges and interpretive disputes have arisen in national courts in jurisdictions such as Argentina and Spain over scope and beneficiary definitions, invoking precedent from cases adjudicated by bodies like the European Court of Human Rights and the Supreme Court of the United States. Concerns about technological protection measures drew comparisons to litigation under the Digital Millennium Copyright Act and to standards disputes adjudicated at WIPO Arbitration and Mediation Center.
The treaty was concluded in 2013 and entered into force after the twentieth instrument of ratification, with early ratifiers including United States, European Union member states via international implementation mechanisms, and countries such as Canada, India, and Mexico. Accession and ratification patterns have been tracked by WIPO Director General reports and reported in policy analyses from organizations like World Blind Union and International Publishers Association. Ratification has required domestic legislative changes akin to those made to comply with instruments like the Marrakesh-era amendments to national copyright statutes.
The treaty operates within a web of international intellectual property instruments including the Berne Convention, the WIPO Copyright Treaty, and the TRIPS Agreement. It intersects with human rights instruments such as the Universal Declaration of Human Rights and the Convention on the Rights of Persons with Disabilities, and with regional frameworks like the European Union Copyright Directive and bilateral trade agreements that incorporate intellectual property chapters similar to those in North American Free Trade Agreement and successor accords. The treaty’s interaction with standards bodies like ISO and consortia such as DAISY Consortium further situates it in the global accessibility and publishing ecosystem.