Marrakesh VIP Treaty

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Marrakesh VIP Treaty
Marrakesh Treaty to Facilitate Access to Published Works to Visually Impaired Persons and Persons with Print Disabilities
Marrakesh Treaty Countries in force.svg
Map of countries where the Treaty is in force as of November 2023.
TypeMultilateral
Signed28 June 2013 (2013-06-28)
Location Marrakesh, Morocco
Effective30 September 2016 (2016-09-30)
ConditionRatification of 20 states
Signatories80 [1]
Parties97 (123 countries including EUs 27 member states)
Depositary World Intellectual Property Organization

The Marrakesh VIP Treaty (formally the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired or Otherwise Print Disabled, colloquially Marrakesh Treaty or MVT [2] ) is a treaty on copyright adopted in Marrakesh, Morocco, on 27 June 2013. [3] [4] [5] It achieved the deposit of 20 instruments of ratification or accession by eligible parties needed for entry into force on June 30, 2016 and entered into force three months later, on September 30, 2016. [3] As of February 2023, the treaty has 97 contracting parties covering 123 WIPO Member States because the European Union joined as a block. [6]

Contents

History

The treaty seeks to remedy a "book famine" for people who are unable to access standard print materials. [7] Before the implementation of the treaty, the World Blind Union estimated that over 90% of copyrighted works were not produced in accessible formats; [8] in developing countries, this number drops to around 1% of published materials. [9]

Before the treaty was signed, under one third of countries provided a copyright exception to allow the sharing of works to people with disabilities without the copyright holders permission. [10] However, even when these copyright exemptions were present, individual countries could not share materials between themselves. As an example, the World Blind Union notes: "In Spain, for example, there are approximately 100,000 accessible books, whereas Argentina has only about 25,000. Yet Spain's accessible books cannot be exported legally to Argentina or to other Spanish-speaking countries." [10] Additionally, where copyright exemptions did exist, they were not always uniform in nature. The United States has long had the Chafee Amendment, which among other things allows for the existence of the National Library Service for the Blind and Print Disabled. However, this copyright exemption before the treaty only applied to previously published nondramatic literary works. [11] In contrast, Australia prior to the treaty already had copyright exemptions that applied to all literary and dramatic works. [12] Establishing a treaty had as a goal creating one set of rules to help facilitate sharing of all manner of works across international borders. [13]

Treaty

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; [14] the 20th ratification was received on 30 June 2016, and the treaty entered into force on 30 September 2016. [15] [16]

Ratification

India was the first country to ratify the treaty, [17] [18] on 24 July 2014. As of October 15, 2018, [19] 80 countries have signed the Treaty and 123 states have ratified it including EU's 28 member-states who ratified as one entity (notification number 45), [20] [1] and most recently Saint Kitts and Nevis. [21]

The European Union ratified the treaty for all 28 members on October 1, 2018. The provisions of the Treaty went into effect across the EU (including in the United Kingdom) on January 1, 2019. [22]

The UK left the EU on January 31, 2020. [23] but was covered by the EU's ratification of the treaty until December 31, 2020. The UK deposited their instrument of ratification on October 1, 2020. [24] This meant that on January 1, 2021, the UK became a contracting party in its own right.

On September 20, 2017, the EU Commission published a directive and a regulation on the Marrakesh treaty that had to be transposed into national law, in all 28 member states; the deadline for transposition was October 11, 2018. [25] Member states were required to update their national laws to implement the Treaty's requirements later in 2018. [26] 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". [27] [28] There was continued opposition by some EU member states. [29]

On June 28, 2018, the U.S. Senate approved it and the implementation bill S. 2559 [30] 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 President Trump on October 9, 2018. [31] [32] [33] As a result, on February 8, 2019, the United States of America formally joined the treaty. [34]

Countries which have ratified the treaty

By July 8, 2024, 97 Contracting Parties (123 countries) around the world had ratified or acceded to the Marrakesh treaty. [35] See table below:

Contracting PartySignatureInstrumentIn Force
AfghanistanJune 28, 2013Ratification: July 26, 2018October 26, 2018
ArgentinaMay 21, 2014Ratification: April 1, 2015September 30, 2016
ArmeniaAccession: June 1, 2022September 1, 2022
AustraliaJune 23, 2014Ratification: December 10, 2015September 30, 2016
AustriaJune 25, 2014
AzerbaijanAccession: September 24, 2018December 24, 2018
BangladeshAccession: September 26, 2022December 26, 2022
BarbadosAccession: February 20, 2023May 20, 2023
BelarusAccession: July 22, 2020October 22, 2020
BelgiumJune 25, 2014See European Union
BelizeAccession: November 9, 2018February 9, 2019
Bolivia (Plurinational State of)Accession: March 12, 2019June 12, 2019
Bosnia and HerzegovinaJune 28, 2013Ratification: January 20, 2021April 20, 2021
BotswanaAccession: October 5, 2016January 5, 2017
BrazilJune 28, 2013Ratification: December 11, 2015September 30, 2016
Burkina FasoJune 28, 2013Ratification: July 31, 2017October 31, 2017
BurundiJune 28, 2013
Cabo VerdeAccession: February 22, 2019May 22, 2019
CambodiaJune 28, 2013
CameroonJune 28, 2013Ratification: October 5, 2021January 5, 2022
CanadaAccession: June 30, 2016September 30, 2016
Central African RepublicJune 28, 2013Ratification: August 19, 2020November 19, 2020
ChadJune 28, 2013
ChileJune 28, 2013Ratification: May 10, 2016September 30, 2016
China [note 1] June 28, 2013Ratification: February 5, 2022 [36] May 5, 2022
ColombiaJune 28, 2013
ComorosJune 28, 2013Ratification: January 25, 2021April 25, 2021
CongoJune 28, 2013
Cook IslandsAccession: March 19, 2019June 19, 2019
Costa RicaJune 28, 2013Ratification: October 9, 2017January 9, 2018
Côte d'IvoireJune 28, 2013
CyprusJune 28, 2013See European Union
Czech RepublicJune 24, 2014
Democratic People's Republic of KoreaJune 28, 2013Ratification: February 19, 2016September 30, 2016
DenmarkJune 28, 2013See European Union
DjiboutiJune 28, 2013
Dominican RepublicJune 28, 2013Ratification: June 5, 2018September 5, 2018
EcuadorMay 8, 2014Ratification: June 29, 2016September 30, 2016
El SalvadorOctober 11, 2013Ratification: October 1, 2014September 30, 2016
EthiopiaJune 28, 2013Ratification: November 2, 2020February 2, 2021
European Union (EU)April 30, 2014Ratification: October 1, 2018January 1, 2019
FinlandJune 20, 2014See European Union
FranceApril 30, 2014
GermanyJune 20, 2014See European Union
GhanaJune 28, 2013Ratification: May 11, 2018August 11, 2018
GreeceApril 30, 2014See European Union
GuatemalaJune 2, 2014Ratification: June 29, 2016September 30, 2016
GuineaJune 28, 2013
HaitiJune 28, 2013
Holy SeeJune 28, 2013
HondurasAccession: March 29, 2017June 29, 2017
IcelandAccession: December 9, 2021March 9, 2022
IndiaApril 30, 2014Ratification: June 24, 2014September 30, 2016
IndonesiaSeptember 24, 2013Ratification: January 28, 2020April 28, 2020
Iran (Islamic Republic of)June 27, 2014
IraqAccession: April 23, 2024July 23, 2024
IrelandJune 20, 2014See European Union
IsraelAccession: March 21, 2016September 30, 2016
JamaicaAccession: May 28, 2024August 28, 2024
JapanAccession: October 1, 2018January 1, 2019
JordanJune 28, 2013Ratification: June 26, 2018September 26, 2018
Kazakhstan
KenyaJune 28, 2013Ratification: June 2, 2017September 2, 2017
KiribatiAccession: July 31, 2019October 31, 2019
KyrgyzstanAccession: May 15, 2017August 15, 2017
LebanonJune 28, 2013
LesothoAccession: April 30, 2018July 30, 2018
LiberiaAccession: October 6, 2016January 6, 2017
LiechtensteinAccession: September 22, 2021December 22, 2021
LithuaniaSeptember 27, 2013See European Union
LuxembourgJune 28, 2013See European Union
MalawiAccession: July 14, 2017October 14, 2017
MalaysiaAccession: March 31, 2022June 30, 2022
MaliJune 28, 2013Ratification: December 16, 2014September 30, 2016
Marshall IslandsAccession: February 8, 2019May 8, 2019
MauritaniaJune 28, 2013
MauritiusJune 28, 2013Ratification: January 11, 2021April 11, 2021
MexicoJune 25, 2014Ratification: July 29, 2015September 30, 2016
MongoliaJune 28, 2013Ratification: September 23, 2015September 30, 2016
MontenegroAccession: March 8, 2022June 8, 2022
MoroccoJune 28, 2013Ratification: May 15, 2019August 15, 2019
MozambiqueAugust 22, 2013
NamibiaAugust 12, 2013
NepalJune 28, 2013
New ZealandAccession: October 4, 2019January 4, 2020
NicaraguaAccession: January 16, 2020April 16, 2020
NigeriaJune 28, 2013Ratification: October 4, 2017January 4, 2018
NorwayJune 20, 2014Ratification: August 31, 2021November 30, 2021
PakistanAccession: March 12, 2024June 12, 2024
PanamaJune 28, 2013Ratification: February 10, 2017May 10, 2017
ParaguayJune 28, 2013Ratification: January 20, 2015September 30, 2016
PeruJune 28, 2013Ratification: February 2, 2016September 30, 2016
PhilippinesAccession: December 18, 2018March 18, 2019
PolandJune 24, 2014See European Union
QatarAccession: October 24, 2018January 24, 2019
Republic of KoreaJune 26, 2014Ratification: October 8, 2015September 30, 2016
Republic of MoldovaJune 28, 2013Ratification: February 19, 2018May 19, 2018
Russian FederationAccession: February 8, 2018May 8, 2018
RwandaAccession: October 25, 2021January 25, 2022
Saint Kitts and NevisAccession: July 8, 2024October 8, 2024
Saint LuciaAccession: June 11, 2020September 11, 2020
Saint Vincent and the GrenadinesAccession: September 5, 2016December 5, 2016
San MarinoAccession: June 2, 2020September 2, 2020
Sao Tome and PrincipeJune 28, 2013Ratification: October 15, 2020January 15, 2021
Saudi ArabiaAccession: November 21, 2018February 21, 2019
SenegalJune 28, 2013
SerbiaAccession: February 24, 2020May 24, 2020
Sierra LeoneJune 28, 2013
SingaporeAccession: March 30, 2015September 30, 2016
SloveniaMay 16, 2014
Sri LankaAccession: October 5, 2016January 5, 2017
SudanJune 28, 2013
SwitzerlandJune 28, 2013Ratification: February 11, 2020May 11, 2020
Syrian Arab RepublicNovember 22, 2013
TajikistanAccession: February 27, 2019May 27, 2019
ThailandAccession: January 28, 2019April 28, 2019
TogoJune 28, 2013
Trinidad and TobagoAccession: October 4, 2019January 4, 2020
TunisiaJune 28, 2013Ratification: September 7, 2016December 7, 2016
TurkeyNovember 1, 2013
TurkmenistanAccession: October 15, 2020January 15, 2020
UgandaJune 28, 2013Ratification: April 23, 2018July 23, 2018
UkraineAccession: June 8, 2023September 8, 2023
United Arab EmiratesAccession: October 15, 2014September 30, 2016
United KingdomJune 28, 2013Ratification: October 1, 2020January 1, 2021
United Republic of TanzaniaAccession: April 8, 2020July 8, 2020
United States of AmericaOctober 2, 2013Ratification: February 8, 2019May 8, 2019
UruguayJune 28, 2013Ratification: December 1, 2014September 30, 2016
UzbekistanAccession: March 7, 2022June 7, 2022
VanuatuAccession: May 6, 2020August 6, 2020
Venezuela (Bolivarian Republic of)Accession: October 2, 2019January 2, 2020
Viet NamAccession: December 6, 2022March 6, 2023
ZimbabweOctober 2, 2013Ratification: September 12, 2019December 12, 2019

Notes

  1. ↑ As declared in the instrument, the treaty applies to both Mainland China and Hong Kong SAR, but not yet apply to Macau SAR.

Initiatives

The Accessible Books Consortium (ABC), launched in 2014, was conceived as "one possible initiative, among others, to concretely achieve the goals of the Marrakesh Treaty". [37] ABC aims to increase the number of books worldwide in accessible formats – such as braille, audio and large print – and to make them available to people who are blind, have low vision or are otherwise print disabled.

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References

  1. 1 2 "WIPO-Administered Treaties". Archived from the original on 5 March 2017. Retrieved 25 July 2018.
  2. ↑ "Summary of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled". World Intellectual Property Organization. Archived from the original on 31 May 2016. Retrieved 31 May 2016.
  3. 1 2 "Summary of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (MVT) (2013)". Wipo.int. Retrieved 2020-09-17.
  4. ↑ "Diplomatic Conference to Conclude a Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities". World Intellectual Property Organization. 28 June 2013. Archived from the original on 12 August 2013. Retrieved 7 August 2013.
  5. ↑ "Between the lines: Blind people defeat lobbyists in a tussle about copyright". The Economist . 20 July 2013. Archived from the original on 29 November 2016. Retrieved 4 September 2017.
  6. ↑ "Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled". Wipo.int. Retrieved 2021-09-01.
  7. ↑ Kaminski, Margot E.; Yanisky-Ravid, Shlomit (2014). "The Marrakesh Treaty For Visually Impaired Persons: Why A Treaty Was Preferable To Soft Law". University of Pittsburgh Law Review. 75 (3): 259. doi: 10.5195/lawreview.2014.338 .
  8. ↑ "Marrakesh Treaty". World Blind Union. Retrieved 21 July 2022.
  9. ↑ "Ending the book famine : The Marrakesh Treaty". The International Agency for the Prevention of Blindness. Retrieved 21 July 2022.
  10. 1 2 Laurence R. Helfer; Molly K. Land; Ruth L. Okediji; Jerome H. Reichman. The World Blind Union Guide to the Marrakesh Treaty. World Blind Union. p. 13. Retrieved 21 July 2022.
  11. ↑ "Understanding the Marrakesh Treaty Implementation Act" (PDF). copyirght.gov. United States Copyright Office. Retrieved 21 July 2022.
  12. ↑ "Marrakesh Treaty implementation options paper" (PDF). Attorney-General's Department. 2014-11-01. p. 4. Retrieved 21 July 2022.
  13. ↑ "The Marrakesh Treaty – Helping to end the global book famine" (PDF). WIPO. 2015. Retrieved 21 July 2022.
  14. ↑ "Stevie Wonder hails landmark WIPO treaty boosting access to books for blind and visually impaired persons". World Intellectual Property Organization. 28 June 2013. Archived from the original on 6 August 2013. Retrieved 7 August 2013.
  15. ↑ Canada's Accession to Marrakesh Treaty Brings Treaty into Force, WIPO Press Release, June 30, 2016, archived from the original on July 4, 2016, retrieved July 6, 2016
  16. ↑ David Hammerstein. "Marrakesh Treaty: Day 1". Archived from the original on 18 January 2017. Retrieved 18 January 2017.
  17. ↑ "TREATY/MARRAKESH/1: [Marrakesh Treaty] Ratification by the Republic of India". Archived from the original on 2018-10-02. Retrieved 2018-10-01.
  18. ↑ Joshua, Anita (2014-07-02). "India ratifies Marrakesh Treaty for visually impaired". The Hindu. Archived from the original on 2016-12-09. Retrieved 2014-07-07.
  19. ↑ "Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled" (PDF). Wipo.int. 24 February 2020. Archived (PDF) from the original on 5 May 2020. Retrieved 2020-04-02.
  20. ↑ "TREATY/MARRAKESH/45: [Marrakesh Treaty] Ratification by the European Union". Archived from the original on 2018-10-18. Retrieved 2018-10-17.
  21. ↑ https://www.wipo.int/wipolex/en/treaties/notifications/details/treaty_marrakesh_99
  22. ↑ @WIPO (October 1, 2018). "European Union 🇪🇺 joins the "books for blind" 📚 #MarrakeshTreaty, now covering 70 countries across the globe:…" (Tweet). Archived from the original on August 21, 2019. Retrieved July 19, 2019– via Twitter.
  23. ↑ "EUR-Lex - 32017L1564". Eur-lex.europa.eu. Retrieved 2 June 2022.
  24. ↑ "TREATY/MARRAKESH/75: [Marrakesh Treaty] Ratification by the United Kingdom of Great Britain and Northern Ireland". Wipo.int. Retrieved 2 June 2022.
  25. ↑ "Implementation of the Marrakesh Treaty in EU law". 6 November 2019. Archived from the original on 19 July 2018. Retrieved 19 July 2018.
  26. ↑ European Blind Union. "The Marrakesh Treaty". Archived from the original on 1 August 2018. Retrieved 31 July 2018.
  27. ↑ "Marrakesh in the EU: facing the excuses and delay tactics after Council statement". IP Policy Committee blog. TransAtlantic Consumer Dialogue. 7 April 2015. Archived from the original on 19 September 2015. Retrieved 14 April 2015.
  28. ↑ "Proposal for a Council Decision on the conclusion, on behalf of the European Union, of the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or Otherwise Print Disabled — Guidance for further work" (PDF). Council of the European Union. Archived (PDF) from the original on 2015-04-14. Retrieved 2015-04-14.
  29. ↑ David Hammerstein. "Germany moves against "right to read" Marrakesh Treaty for visually-impaired persons". Archived from the original on 18 January 2017. Retrieved 18 January 2017.
  30. ↑ "Legislative Search Results". Archived from the original on 2019-02-06. Retrieved 2018-07-11.
  31. ↑ "President Donald J. Trump Signs H.R. 46, H.R. 2259, H.R. 4854, H.R. 4958, S. 791, S. 1668 and S. 2559 into Law". whitehouse.gov . Archived from the original on 2021-01-20. Retrieved 2018-10-10– via National Archives.
  32. ↑ Alan K. Ota. With Only One Vote, McConnell Approves Treaty for the Blind Archived 2018-07-02 at the Wayback Machine , Roll Call . 29 June 2018
  33. ↑ "Actions - S.2559 - 115th Congress (2017-2018): Marrakesh Treaty Implementation Act". 2018-10-09. Archived from the original on 2018-07-10. Retrieved 2018-07-09.
  34. ↑ "USA Joins Marrakesh Treaty as 50th Member". wipo.int. Archived from the original on 2019-02-09. Retrieved 2019-03-21.
  35. ↑ "WIPO-Administered Treaties". Wipo.int. Retrieved 2022-09-25.
  36. ↑ "TREATY/MARRAKESH/87: [Marrakesh Treaty] Ratification by the People's Republic of China". Wipo.int.
  37. ↑ "Bright days ahead for blind learners". Monitor. 2021-01-10. Retrieved 2022-05-09.
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