The WIPO-administered Marrakesh Treaty makes the production and international transfer of specially-adapted books for people with blindness or visual impairments easier. It does this by establishing a set of limitations and exceptions to traditional copyright law.
The Treaty was signed in Marrakesh on June 27, 2013, and came into force on September 30, 2016.
Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled
The Marrakesh Treaty was adopted on June 27, 2013 in Marrakesh and it forms part of the body of international copyrighttreaties administered by WIPO. It has a clear humanitarian and social development dimension and its main goal is to create a set of mandatory limitations and exceptions for the benefit of the blind, visually impaired, and otherwise print disabled (VIPs)
Summary of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (MVT) (2013)
The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (MVT) is the latest addition to the body of international copyright treaties administered by WIPO. It has a clear humanitarian and social development dimension and its main goal is to create a set of mandatory limitations and exceptions for the benefit of the blind, visually impaired and otherwise print disabled (VIPs).
It requires Contracting Parties to introduce a standard set of limitations and exceptions to copyright rules in order to permit reproduction, distribution and making available of published works in formats designed to be accessible to VIPs, and to permit exchange of these works across borders by organizations that serve those beneficiaries.
The Treaty clarifies that beneficiary persons are those affected by a range of disabilities that interfere with the effective reading of printed material. The broad definition includes persons who are blind, visually impaired, or print disabled or persons with a physical disability that prevents them from holding and manipulating a book.
Works "in the form of text, notation and/or related illustrations, whether published or otherwise made publicly available in any media", including audio books, fall within the scope of the MVT regime.
Another important element is the role played by authorized entities, which are the organizations in charge of performing the cross-border exchange. The rather broad definition of the term encompasses many non-profit and government entities. They are either specifically authorized or "recognized" by the government as entities that provide many functions including education and information access to beneficiary persons. Authorized entities have the duty to establish and follow their own practices in several areas, including establishing that the persons they serve are beneficiary persons, providing services only to those persons, discouraging unauthorized uses of copies, and maintaining "due care" in handling copies of works.
The MVT has a clear structure and provides for specific rules regarding both domestic and cross-border limitations and exceptions.
First, it requires Contracting Parties to have a limitation or exception to domestic copyright law for VIPs. The rights subject to such limitation or exception are the right of reproduction, the right of distribution, and the right of making available to the public. Authorized entities may, on a non-profit basis, make accessible format copies, which can be distributed by non-commercial lending or by electronic communication; the conditions for this activity include having lawful access to the work, introducing only those changes needed to make the work accessible, and supplying the copies only for use by beneficiary persons. VIPs may also make a personal use copy where they have lawful access to an accessible format copy of a work. At the domestic level countries can confine limitations or exceptions to those works that cannot be "obtained commercially under reasonable terms for beneficiary persons in that market." Use of this possibility requires notification to the WIPO Director General.
Second, the MVT requires Contracting Parties to allow the import and export of accessible format copies under certain conditions. Regarding importation, when an accessible format copy can be made pursuant to national law, a copy may also be imported without rightholder authorization. With reference to exportation, accessible format copies made under a limitation or exception or other law can be distributed or made available by an authorized entity to a beneficiary person or authorized entity in another Contracting Party. This specific limitation or exception requires the exclusive use of the works by beneficiary persons, and the MVT also clarifies that, prior to such distribution or making available, the authorized entity must not know or have reasonable grounds to know that the accessible format copy would be used by others.
The MVT leaves Contracting Parties the freedom to implement its provisions taking into account their own legal systems and practices, including determinations on "fair practices, dealings or uses", provided they comply with their three-step test obligations under other treaties. The three-step test is a basic principle used to determine whether or not an exception or limitation is permissible under the international norms on copyright and related rights. It includes three elements; any exception or limitation: (1) shall cover only certain special cases; (2) shall not conflict with the normal exploitation of the work; and (3) shall not unreasonably prejudice the legitimate interests of the rightholder.
There is no requirement to be a member of any other international copyright treaty to join the MVT; membership is open to Member States of WIPO and to the European Union. However, Contracting Parties that receive accessible format copies and do not have obligations to comply with the three-step test under Article 9 of the Berne Convention must ensure that accessible format copies are not redistributed outside their jurisdictions. Also cross-border transfer by authorized entities is not permitted unless the Contracting Party in which the copy is made is a party to the WIPO Copyright Treaty or otherwise applies the three-step test to limitations and exceptions implementing the MVT.
The MVT requires WIPO to establish an "information access point" to allow voluntary sharing of information facilitating the identification of authorized entities. WIPO is also invited to share information about the functioning of the Treaty. In addition, Contracting Parties undertake to assist their authorized entities engaged in cross-border transfer arrangements.
The Treaty establishes an Assembly of the Contracting Parties whose main task is to address matters concerning the maintenance and development of the Treaty. It also entrusts to the Secretariat of WIPO the administrative tasks concerning the Treaty.
The Treaty text was adopted on June 27, 2013 in Marrakesh. It achieved the deposit of 20 instruments of ratification or accession by eligible parties needed for entry into force on June 30, 2016. The Treaty date of entry into force is three months later, on September 30, 2016.
The Marrakesh VIP Treaty (formally the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities, colloquially MVT[2]) is a treaty on copyright adopted in Marrakesh, Morocco, on 28 June 2013.[3][4]
The treaty allows for copyright exceptions to facilitate the creation of accessible versions of books and other copyrighted works for visually impaired persons. It sets a norm for countries ratifying the treaty to have a domestic copyright exception covering these activities and allowing for the import and export of such materials.
Sixty three countries signed the treaty as of the close of the diplomatic conference in Marrakesh. The ratification of 20 states was required for the treaty to enter into effect;[5] the 20th ratification was received on 30 June 2016, and the treaty entered into force on 30 September 2016.[6][7]
India was the first country to ratify the treaty, [8][9] on 24 July 2014. As of October 15, 2018,[10] 80 countries have signed the Treaty and 88 states have ratified it including EU's 28 member-states who ratified as one entity (notification number 45),[11][1] and most recently Trinidad and Tobago[12]
The European Union ratified the treaty for all 28 members on October 1, 2018. The provisions of the Treaty will go into effect across the EU (including in the United Kingdom) on January 1, 2019.[13][14]
On September 20, 2017, the EU Commission published a directive and a regulation on the Marrakesh treaty that has to be transposed into national law, in all 28 member states, the deadline for transposition: October 11, 2018.[15] Member states are required to update their national laws to implement the Treaty's requirements later in 2018. [16] This followed a lengthy and occasionally controversial process that began shortly after the treaty was initially passed. In March 2015, the Council of the European Union accused the European Commission of delaying the adoption of the treaty by EU and called upon the Commission "to submit without delay the necessary legislative proposal".[17][18] There is continued opposition by some EU member states.[19]
On June 28, 2018, the U.S. Senate approved it and the implementation bill S. 2559[20] without apparent opposition; the House approved S.2559 via unanimous consent on September 25 2018. The bill and the Treaty were signed into law by the President Trump on October 9, 2018.[21][22][23] As a result, on February 8, 2019, the United States of America formally joined the treaty.[24]
Marrakesh Agreement, a 1994 treaty establishing the World Trade Organization
Marrakesh VIP Treaty, a 2013 copyright treaty on rights of users with visual impairments and print disabilities
Global Compact for Migration, a 2018 non-binding UN agreement on a common approach to international migration, to be adopted at a conference in Marrakesh
Press Information Bureau Government of India Ministry of Human Resource Development 02-July-2014 13:09 IST
India Becomes the First Country to Ratify the Marrakesh Treaty Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or Otherwise Print Disabled
India becomes the first country to ratify the Marrakesh Treaty to facilitate access to published works for persons who are blind, visually impaired, or otherwise print disabled on 30th June, 2014. So far, 79 WIPO (World Intellectual Property Organisation) member states have signed this Treaty. The Marrakesh treaty will come into force once twenty countries ratify this treaty.
Shri Dilip Sinha, the Permanent Representative of India to the United Nations, handed over the the Instrument of Ratification to Mr Francis Gurry, Director General, WIPO at a ceremony organized held during the 28th Session of SCCR (Standing Committee on Copyright and Related Rights) in WIPO Headquarters.
The main goal of Marrakesh Treaty is to create a set of mandatory limitations and exceptions for the benefit of the blind, visually impaired and otherwise print disabled (VIPs). It addresses the “book famine” by requiring its contracting parties to adopt national law provisions that permit the reproduction, distribution and making available of published works in accessible formats - such as Braille - to VIPs and to permit exchange of these works across borders by organizations that serve those beneficiaries.
Once the Marrakesh Treaty comes into force, it will facilitate access to published works for the millions of blind, visually impaired and otherwise print disabled persons in India. It would go a long way in establishing equal rights and opportunities for education and employment for them.
The Treaty will facilitate import of accessible format copies from the member states by the Indian authorized entities such as educational institutions, libraries and other such institutions working for the benefit of visually impaired persons. This will also facilitate translation of imported accessible format copies and export of accessible format copies in Indian languages. The Indian Copyright (Amendment) Act, 2012 is in harmony with the Marrakesh Treaty.
MC/DS/RK/Marrakesh Treaty
The Treaty of Marrakesh
The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled was signed on 27 June 2013, and entered into force on 30 September 2016.
The road to Marrakesh was a long one – the first clear step was back in 1981, with the creation of a joint working group between the World Intellectual Property Organisation (WIPO) and the United Nations Educational, Scientific and Cultural Organisation (UNESCO). Getting from here to a Treaty, as set out in our timeline, was neither quick nor easy. Libraries, and IFLA members, played a significant role in getting to a successful conclusion at the international level, and now continue to drive for progress nationally.
What does Marrakesh Do?
The Treaty places two key limitations on copyright. First of all, it allows people with print disabilities to make accessible copies of books, or for ‘authorised entities’ to do so on their behalf, without having to seek the agreement of rightholders (usually publishers), or having to pay royalties. This step seeks to make it easier to increase the overall supply of accessible format books by facilitating the work of those who produce them.
Secondly, it allows authorised entities to supply accessible copies of books across borders. This offers an answer to the ‘book famine’, which sees people with print disabilities, particularly in developing countries, only have access to a tiny percentage of all the books on the market.
The goal was therefore to combat a market failure, created by the under-supply of books in the right format. As such, IFLA has argued that ratifying legislation within Member States should neither perpetuate this problem by increasing the obstacles faced by people with print disabilities or authorised entities, nor reward the rightholders whose inaction led to the initial problem.
The Historic Nature of Marrakesh
The Treaty of Marrakesh is historic in a number of ways. First of all, no other WIPO copyright treaty in the last 40 years has entered into force so quickly. This is testament to the value of what was agreed.
The Treaty also represents a landmark in the history of international law. For the first time, there is a treaty that focuses on giving new mandatory rights to users, rather than to rightholders. In doing so, the Treaty respects the original goal of copyright – to balance the interests of creators and readers in order to promote education and innovation. In the case of Marrakesh, there is also a clear humanitarian objective.
Finally, it is also the first successful outcome of the process launched in the mid-2000s at WIPO, looking at the place of limitations and exceptions to copyright in law. Other topics on the table include libraries, archives and museums, education, and giving access to people with other disabilities. Discussions continue on this theme, with IFLA leading work on libraries.
Where Next?
As of 19 December 2018, 48 countires have joined Marrakesh, including the European Union as a single bloc. More are likely to do so in the coming months. This will allow for a growging number of exchanges of accessible format books between countries, allowing for important progress towards the Treaty's Goals.
Progress towards universal ratification will not only benefit people with print disabilities in each country that passes laws, but will also increase the overall available supply of accessible format books around the world.
However, ratification may be meaningless if no steps are taken to change domestic legislation. It is not reasonable to expect people with print disabilities - or the libraries that serve them - to have to go to court in order to obtain their rights.
IFLA, alongside partner organisations, therefore continues to make the case for meaningful implementation at the national level.
To this end, IFLA is producing regular Marrakesh Monitoring Reports, looking at whether and how national legislation fully allows for the making and sharing of accessible format works.
IFLA, working with EIFL, the World Blind Union, the University of Toronto, and the Canadian Association of Research Libraries, has also published 'Getting Started', a guide for librarians looking to use the Treaty. The Guide is available for adaptation to national laws.
Partner organisation EIFL has already released a guide to Marrakesh for libraries, and the World Blind Union is also very active in promoting implementation around the world. IFLA has produced a short toolkit for library associations in order to help them act against the creation of any new barriers to access to knowledge. IFLA has also recently started publishing monitoring reports on how United Nations member states are implementing the Marrakesh Treaty into their national legislation, making the Treaty a reality.
But there is much more to do. This page will be updated with further resources and news on this topic.
The Treaty of Marrakesh explained
This document is written to explain the contents of The Treaty of Marrakesh (formal name: "Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled"). It covers the meaning and use of the main treaty contents.'
This is deliberately a layman’s explanation of the Treaty- not an in-depth legal analysis. The Treaty looks complex to non-experts, but in fact WBU is happy, by and large, with what it allows us to do.
What’s the goal of the Treaty?
The goal of the Treaty is to help to end the book famine faced by people who are blind, visually impaired or otherwise print disabled. Currently only some 1-7per cent of the world’s published books ever make it into accessible formats. This is partly due to access barriers in copyright law- something the treaty helps to remove. It does that in two main ways.
Firstly, by requiring countries which ratify the Treaty to have an exception to domestic copyright law for visually impaired and print disabled people. This means that countries which ratify the treaty must ensure their laws allow blind people and their organisations to make accessible format books without the need to ask permission first from the holder of copyright (e.g. author or publisher).
Secondly, by allowing for import and export of accessible versions of books and other copyrighted works, again without copyright holder permission. This will help to avoid the duplication of transcription efforts in different countries, and also allow those with larger collections of accessible books to share these collections with visually impaired people in countries with fewer resources.
Only so-called “authorised entities”, such as blind people’s organisations, can send accessible books under the treaty’s terms. However, the Treaty allows accessible books to be imported / received either by other “authorised entities” or directly by visually impaired / print disabled individuals.
Here is an outline of what the most relevant articles in the Treaty mean:
Article 2(a). Works Covered. Refers to the type of publications which can be transcribed / distributed under the terms of the Treaty.
These are:
“literary and artistic works … in the form of text, notation and/or related illustrations, whether published or otherwise made publicly available in any media;”
The definition therefore covers books; periodicals and other similar textual works, as well as sheet music. It doesn’t cover films. The Treaty does not allow for the contents of a Work to be changed (e.g. to “easy read”) rather just for the Work’s contents to be transcribed into an accessible format.
Article 2(b). Defines the term “accessible format copy”
This is a broad definition which does not limit the format or the technique you use to make a book accessible. It allows whichever format will provide access to the work “as feasibly and comfortably as a person without visual impairment or other print disability”.
Article 2(c). Defines the term “Authorized Entity”. The role of the Authorized Entity is critical in the Treaty, and it’s a straightforward definition. It’s a non-profit or government agency that makes accessible copies of Works, and limits distribution of those copies to people with bona fide disabilities, which it calls “Beneficiary Persons.” ((It also covers for-profit entities that provide services to beneficiary persons using public funds and on a not-for-profit basis.))
There is no specific process or approval mechanism to qualify as an “Authorised Entity”. Meeting the (broad) criteria in Article 2c is sufficient.
Article 3. Defines Beneficiary Persons. It’s a broad definition that includes just about any disability that interferes with the effective reading of printed material. It includes people who are blind, visually impaired, reading disabled (example: dyslexia) or have a physical disability that gets in the way of effectively holding a book, turning pages or focusing on the page.
Article 4. Requires countries which ratify the Treaty to enact a domestic copyright exception. This will allow Authorized Entities to make accessible copies of Works without having to ask permission from the Misspelled Wordrightsholders. This is satisfied by having a law like the “Chafee Amendment” in the U.S, or one of the exceptions to copyright law for print disabled people the EU Member States have enacted under the terms of the EU Copyright Directive..
Articles 5 and 6. The treaty permits the cross-border exchange of accessible format books, both between authorized entities and directly from one authorized entity to individuals in other countries.
Article 7. Technological Protection Measures (“TPMs”). These are the sort of “digital padlock” that publishers (and sometimes blind people’s organisations themselves) put on a digital book, to stop it being passed on or accessed illegally. Unfortunately this padlock can also inadvertently block legitimate access by print disabled people, for instance those using screen-reading text-to-speech software. Article 7 therefore says it should be legal to circumvent (i.e. break) TPMs so that a person with a print disability can get access to books. (And only for that purpose.
Article 8. Requires privacy to be respected when using the treaty.
Other Noteworthy Provisions in the Treaty:
Respect for copyright holders’ interests
Article 2 of the Treaty makes it clear that accessible books sent under its provisions should be solely for the use of “beneficiary persons”. It asks also that “authorised entities” take “due care” when handling these books, and that they discourage the reproduction and distribution of unauthorised copies. These are reasonable requirements.
Commercial availability of accessible format books
One of our big concerns going into the Treaty negotiation was that the Treaty might require that you could only send or receive books in accessible formats where they were not deemed to already be available commercially in that format. Meeting such an obligation would have been impossible in practice and rendered the Treaty very difficult or impossible to use. This concept survived in the Treaty in a much weaker form, which allows countries to choose to have a commerciality requirement in their national copyright law, which some countries like Singapore and Australia already do have. Such countries have to let WIPO know formally that their domestic law requires a commerciality test, and also whether they intend it to affect imports of accessible materials into that country from elsewhere. There is no “commercial availability” requirement for exporters of accessible books.
The "Three Step Test"
This is a concept well-know to international copyright law experts, but few others. It caused a lot of concern among advocates concerned that it might be a Trojan horse for more extensive commercial availability requirements. It appears all over the treaty, but we don’t think it is likely to get in the way of helping blind people except in rare situations.
The Treaty across the world
With a concerted effort for widespread ratification and implementation, the Treaty will have a huge impact on accessibility for people with print disabilities. It should both promote the domestic production of accessible materials in each country, as well as provide access to books produced elsewhere. This will be important for books in languages that cross national boundaries, languages like English, Spanish, French, Portuguese, Russian, Chinese, Bangla/Bengali, Indonesian, Swahili and so on. It will also be especially important for countries that haven’t traditionally had robust services for people with disabilities: these less wealthy countries should benefit greatly from access to the extensive collections developed in wealthier and larger countries.
Conclusion
In plain language, this is a Treaty that should start to remedy the book famine. It provides a crucial legal framework for adoption of national copyright exceptions in countries that lack them. It creates an international import/export regime for the exchange of accessible books across borders. It is necessary for ending the book famine, but it is not sufficient. Countries need to sign, ratify and implement its provisions. Non-profit organizations, libraries, educational institutions and government need to take advantage of these provisions to actually deliver the accessible books people with disabilities need for education, employment and full social inclusion. The World Blind Union will work with our colleagues and supporters all over the world to implement the Treaty and fully end the book famine for people with print disabilities.
Want to read the official treaty? The link below provides access to WIPO's website where the treaty can be accessed in English, French, Spanish, Arabic, Chinese and Russian, as PDFs or Word documents: www.wipo.int/meetings/en/doc_details.jsp?doc_id=241683
European Union Join MT
On 1 October 2018, the EU ratified the Marrakesh Treaty. The Treaty facilitates access to print works in formats adapted for persons who are blind, visually impaired or otherwise print disabled. The act took place in a ceremony at the World Intellectual Property Organization in Geneva. It was carried out by Ambassador Elisabeth Tichy-Fisslberger of Austria, which currently holds the Presidency of the Council of the EU, and Claire Bury, Deputy Director-General for Communications Networks, Content and Technologies at the European Commission.
The ratification means that the European Union will effectively become a party to the treaty as of 1 January 2019. This will allow persons with print disabilities in the EU and organisations serving their needs to participate in the exchange of books and other print material in accessible formats with third countries that are also parties to the treaty. As of today, 42 countries from all around the world are parties to the Marrakesh Treaty.
The Marrakesh Treaty is the first international treaty in the field of copyright that the EU becomes part of on the basis of its exclusive external competence. At the European level, a Directive and a Regulation were adopted in 2017 for the implementation of the treaty in EU law. The deadline for Member States to transpose the Directive into national law ends on 11 October 2018. The Regulation will enter into application on the following day, 12 October 2018.
The Marrakesh Treaty in Action: What You Need to Know
By Brad Turner, posted on May 8, 2019
On May 8, 2019, the United States joins the list of 82 member nations that have fully ratified the long-awaited Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled. If you are wondering exactly what that means, you are not alone. This document outlines the basic provisions and implications of the treaty, especially as it affects the Bookshare community.
Background
The Marrakesh Treaty was adopted to amend copyright law that prevented access to print works for print-disabled people. Only about 7% of published works are made available globally in accessible formats, and in the developing world, where 90% of blind and visually impaired people reside, the figure is less than 1%. This problem is partly due to limitations created by copyright law – limitations that the Treaty seeks to remove. The key changes to the law ensure that an accessible format copy may be made and supplied to a print-disabled person or an institution, such as a library, within a country or across a national border to another ratifying nation.
Members of the World Blind Union stand behind a table containing books in chains
Timeline of Ratification
June 27, 2013: The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, was adopted by the member states of the World Intellectual Property Organization (WIPO) in Marrakesh, Morocco
October 2, 2013: U.S. signs treaty as a contracting party
September 30, 2016: Marrakesh Treaty entered into force with 20 member states.
October 10, 2018: The Marrakesh Treaty Implementation Act (MTIA) was signed by President Trump. The MTIA amends Section 121 of U.S. copyright law so that its terms are consistent with the Marrakesh Treaty and improve access to accessible materials
May 8, 2019: U.S. obligations go into effect
Changes to U.S. Copyright Law Expand Types of Literary Works
Section 121 of the U.S. copyright law has been updated and expanded to include dramatic works and musical scores in accessible formats.
What Does this Mean for Bookshare Members in the U.S.?
Bookshare members in the U.S. already have access to over 700,000 books in 47 languages. In the coming months, Bookshare will be able to import books from other Marrakesh-ratifying countries and make them available to Bookshare members in the U.S.
What Does this Mean for Bookshare Members in Marrakesh-Ratifying Countries Outside the U.S.?
Bookshare already shares 600,000 books (out of our total collection of 700,000) with members around in the world. We can do this because of the generosity of our publishing partners – they provide us with an electronic copy of a book and they give us broad distribution rights, often including international distribution rights. The Marrakesh Treaty allows us to add approximately 100,000 more books to the collection that we can share with eligible individuals in other Marrakesh-ratifying countries. These books were previously available to U.S. members only.
The Treaty is a game changer for developing countries, many of whom have a limited number of books in accessible formats like braille. These countries will be able to import books from countries with large existing libraries. For example, Marrakesh Treaty-ratifying countries in Latin America can import Spanish-language books from Spain. Countries that use English in business and academia can import books from large collections developed in English-speaking countries. This free movement of accessible materials in dozens of different languages addresses the book famine – the lack of accessible reading material – for eligible people in every Marrakesh-ratifying country.
What’s Next?
Benetech engineers have been working diligently to prepare the Bookshare platform for the import and export of books. At the same time, we are working with other libraries around the world to make even more books available. We have the opportunity to offer millions of titles to millions of people in the format they want on a device they already have.
I am hopeful that expanding the accessible materials available to people with disabilities will cause “ripple effects” of increasing supply and demand. As the supply of accessible materials increases worldwide, additional countries will see the value and ratify the treaty. Publishers, in turn, will offer more books in accessible formats in order to reach a larger user base. The increased number of consumers—especially in developing nations—will stimulate the demand for books and for low-cost electronic devices.
The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled was signed on 27 June 2013, and entered into force on 30 September 2016.
