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Marrakesh VIP Treaty

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For other uses, see Marrakesh Treaty (disambiguation).
Marrakesh VIP Treaty
Marrakesh Treaty to Facilitate Access to Published Works to Visually Impaired Persons and Persons with Print Disabilities
Map of countries where the Treaty is in force as of November 2023.
TypeMultilateral
Signed28 June 2013 (2013-06-28)
LocationMarrakesh, Morocco
Effective30 September 2016 (2016-09-30)
ConditionRatification of 20 states
Signatories80[1]
Parties97 (123 countries including EUs 27 member states)
DepositaryWorld 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]

History

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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

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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

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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

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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 Party Signature Instrument In Force
Afghanistan June 28, 2013 Ratification: July 26, 2018 October 26, 2018
Argentina May 21, 2014 Ratification: April 1, 2015 September 30, 2016
Armenia Accession: June 1, 2022 September 1, 2022
Australia June 23, 2014 Ratification: December 10, 2015 September 30, 2016
Austria June 25, 2014
Azerbaijan Accession: September 24, 2018 December 24, 2018
Bangladesh Accession: September 26, 2022 December 26, 2022
Barbados Accession: February 20, 2023 May 20, 2023
Belarus Accession: July 22, 2020 October 22, 2020
Belgium June 25, 2014 See European Union
Belize Accession: November 9, 2018 February 9, 2019
Bolivia (Plurinational State of) Accession: March 12, 2019 June 12, 2019
Bosnia and Herzegovina June 28, 2013 Ratification: January 20, 2021 April 20, 2021
Botswana Accession: October 5, 2016 January 5, 2017
Brazil June 28, 2013 Ratification: December 11, 2015 September 30, 2016
Burkina Faso June 28, 2013 Ratification: July 31, 2017 October 31, 2017
Burundi June 28, 2013
Cabo Verde Accession: February 22, 2019 May 22, 2019
Cambodia June 28, 2013
Cameroon June 28, 2013 Ratification: October 5, 2021 January 5, 2022
Canada Accession: June 30, 2016 September 30, 2016
Central African Republic June 28, 2013 Ratification: August 19, 2020 November 19, 2020
Chad June 28, 2013
Chile June 28, 2013 Ratification: May 10, 2016 September 30, 2016
China[note 1] June 28, 2013 Ratification: February 5, 2022[36] May 5, 2022
Colombia June 28, 2013
Comoros June 28, 2013 Ratification: January 25, 2021 April 25, 2021
Congo June 28, 2013
Cook Islands Accession: March 19, 2019 June 19, 2019
Costa Rica June 28, 2013 Ratification: October 9, 2017 January 9, 2018
Côte d'Ivoire June 28, 2013
Cyprus June 28, 2013 See European Union
Czech Republic June 24, 2014
Democratic People's Republic of Korea June 28, 2013 Ratification: February 19, 2016 September 30, 2016
Denmark June 28, 2013 See European Union
Djibouti June 28, 2013
Dominican Republic June 28, 2013 Ratification: June 5, 2018 September 5, 2018
Ecuador May 8, 2014 Ratification: June 29, 2016 September 30, 2016
El Salvador October 11, 2013 Ratification: October 1, 2014 September 30, 2016
Ethiopia June 28, 2013 Ratification: November 2, 2020 February 2, 2021
European Union (EU) April 30, 2014 Ratification: October 1, 2018 January 1, 2019
Finland June 20, 2014 See European Union
France April 30, 2014
Germany June 20, 2014 See European Union
Ghana June 28, 2013 Ratification: May 11, 2018 August 11, 2018
Greece April 30, 2014 See European Union
Guatemala June 2, 2014 Ratification: June 29, 2016 September 30, 2016
Guinea June 28, 2013
Haiti June 28, 2013
Holy See June 28, 2013
Honduras Accession: March 29, 2017 June 29, 2017
Iceland Accession: December 9, 2021 March 9, 2022
India April 30, 2014 Ratification: June 24, 2014 September 30, 2016
Indonesia September 24, 2013 Ratification: January 28, 2020 April 28, 2020
Iran (Islamic Republic of) June 27, 2014
Iraq Accession: April 23, 2024 July 23, 2024
Ireland June 20, 2014 See European Union
Israel Accession: March 21, 2016 September 30, 2016
Jamaica Accession: May 28, 2024 August 28, 2024
Japan Accession: October 1, 2018 January 1, 2019
Jordan June 28, 2013 Ratification: June 26, 2018 September 26, 2018
Kazakhstan
Kenya June 28, 2013 Ratification: June 2, 2017 September 2, 2017
Kiribati Accession: July 31, 2019 October 31, 2019
Kyrgyzstan Accession: May 15, 2017 August 15, 2017
Lebanon June 28, 2013
Lesotho Accession: April 30, 2018 July 30, 2018
Liberia Accession: October 6, 2016 January 6, 2017
Liechtenstein Accession: September 22, 2021 December 22, 2021
Lithuania September 27, 2013 See European Union
Luxembourg June 28, 2013 See European Union
Malawi Accession: July 14, 2017 October 14, 2017
Malaysia Accession: March 31, 2022 June 30, 2022
Mali June 28, 2013 Ratification: December 16, 2014 September 30, 2016
Marshall Islands Accession: February 8, 2019 May 8, 2019
Mauritania June 28, 2013
Mauritius June 28, 2013 Ratification: January 11, 2021 April 11, 2021
Mexico June 25, 2014 Ratification: July 29, 2015 September 30, 2016
Mongolia June 28, 2013 Ratification: September 23, 2015 September 30, 2016
Montenegro Accession: March 8, 2022 June 8, 2022
Morocco June 28, 2013 Ratification: May 15, 2019 August 15, 2019
Mozambique August 22, 2013
Namibia August 12, 2013
Nepal June 28, 2013
New Zealand Accession: October 4, 2019 January 4, 2020
Nicaragua Accession: January 16, 2020 April 16, 2020
Nigeria June 28, 2013 Ratification: October 4, 2017 January 4, 2018
Norway June 20, 2014 Ratification: August 31, 2021 November 30, 2021
Pakistan Accession: March 12, 2024 June 12, 2024
Panama June 28, 2013 Ratification: February 10, 2017 May 10, 2017
Paraguay June 28, 2013 Ratification: January 20, 2015 September 30, 2016
Peru June 28, 2013 Ratification: February 2, 2016 September 30, 2016
Philippines Accession: December 18, 2018 March 18, 2019
Poland June 24, 2014 See European Union
Qatar Accession: October 24, 2018 January 24, 2019
Republic of Korea June 26, 2014 Ratification: October 8, 2015 September 30, 2016
Republic of Moldova June 28, 2013 Ratification: February 19, 2018 May 19, 2018
Russian Federation Accession: February 8, 2018 May 8, 2018
Rwanda Accession: October 25, 2021 January 25, 2022
Saint Kitts and Nevis Accession: July 8, 2024 October 8, 2024
Saint Lucia Accession: June 11, 2020 September 11, 2020
Saint Vincent and the Grenadines Accession: September 5, 2016 December 5, 2016
San Marino Accession: June 2, 2020 September 2, 2020
Sao Tome and Principe June 28, 2013 Ratification: October 15, 2020 January 15, 2021
Saudi Arabia Accession: November 21, 2018 February 21, 2019
Senegal June 28, 2013
Serbia Accession: February 24, 2020 May 24, 2020
Sierra Leone June 28, 2013
Singapore Accession: March 30, 2015 September 30, 2016
Slovenia May 16, 2014
Sri Lanka Accession: October 5, 2016 January 5, 2017
Sudan June 28, 2013
Switzerland June 28, 2013 Ratification: February 11, 2020 May 11, 2020
Syrian Arab Republic November 22, 2013
Tajikistan Accession: February 27, 2019 May 27, 2019
Thailand Accession: January 28, 2019 April 28, 2019
Togo June 28, 2013
Trinidad and Tobago Accession: October 4, 2019 January 4, 2020
Tunisia June 28, 2013 Ratification: September 7, 2016 December 7, 2016
Turkey November 1, 2013
Turkmenistan Accession: October 15, 2020 January 15, 2020
Uganda June 28, 2013 Ratification: April 23, 2018 July 23, 2018
Ukraine Accession: June 8, 2023 September 8, 2023
United Arab Emirates Accession: October 15, 2014 September 30, 2016
United Kingdom June 28, 2013 Ratification: October 1, 2020 January 1, 2021
United Republic of Tanzania Accession: April 8, 2020 July 8, 2020
United States of America October 2, 2013 Ratification: February 8, 2019 May 8, 2019
Uruguay June 28, 2013 Ratification: December 1, 2014 September 30, 2016
Uzbekistan Accession: March 7, 2022 June 7, 2022
Vanuatu Accession: May 6, 2020 August 6, 2020
Venezuela (Bolivarian Republic of) Accession: October 2, 2019 January 2, 2020
Viet Nam Accession: December 6, 2022 March 6, 2023
Zimbabwe October 2, 2013 Ratification: September 12, 2019 December 12, 2019

Notes

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  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

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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.

References

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  1. ^ a b "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. ^ a b "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. ^ a b 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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