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WIPO Marrakesh Treaty On Copyright Exceptions For Blind Readers Clears US Senate

29/06/2018 by Intellectual Property Watch 4 Comments

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The World Intellectual Property Organization Marrakesh Treaty on copyright exceptions enabling international access to published works by blind and print-disabled readers was ratified this week by the United States Senate, putting it one step closer to final ratification in the country.

The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print-Disabled was agreed in 2013.

On 28 June, the full US Senate ratified treaty and passed implementing legislation to amend Title 17 accordingly, the Marrakesh Treaty Implementation Act (S. 2559).

The implementing legislation now goes to the US House of Representatives, and then on to the President, according to the bill summary. The US will then have to prepare and deposit its instrument of ratification to WIPO.

According to WIPO, there are at least 39 signatories to the Marrakesh Treaty already.

Knowledge Ecology International issued a statement recalling that the United States at a point was a key opponent of the treaty but ultimately supported it.

“The United States played a key role in initially supporting, but later blocking, and finally supporting the treaty,” KEI said. “During five years of contentious negotiations on the treaty text, there were many who opposed the treaty, and its prospects were uncertain, to say the least. But the determination of blind persons around the world, and the compelling need for a global cross border framework for exceptions prevailed.”

“It’s hard to find anyone who will admit trying to block the treaty earlier, but in fact, this was a contentious and very difficult negotiation,” they continued. “Now, the collections of accessible works located in the United States will be available to persons who are blind in other countries, including the developing world where access is often severely lacking. Blind persons in the United States will also have access to more works in English, but also in foreign languages, which are important to many U.S. blind persons, for both professional and personal uses. This is one example of how globalization can work for people that will shine for years.”

 

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Creative Commons License"WIPO Marrakesh Treaty On Copyright Exceptions For Blind Readers Clears US Senate" by Intellectual Property Watch is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

Filed Under: IP-Watch Briefs, IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, Copyright Policy, English, Human Rights, North America, Regional Policy, WIPO

Comments

  1. john e miller says

    30/06/2018 at 4:44 am

    From then US President Obama’s Marrakesh Treaty Transmittal document to the US Senate Feb 10 2016 *:

    Article 11: General Obligations on Limitations and Exceptions

    Article 11 provides that, in adopting measures to implement the Marrakesh Treaty,
    parties must comply with obligations they have under three existing international
    agreements, including with the “three-step test” set forth in those agreements
    restricting copyright limitations and exceptions to (i) certain special cases that (ii)
    do not conflict with a normal exploitation of the work and (iii) do not unreasonably prejudice the interests of the author/rightholder. … The United States is a party to all three agreements.

    So as regards the three-step test “certain special cases”, and as the WBU, WIPO and others continually and for years have proclaimed that the worldwide eligible Marrakesh Treaty Article 3 beneficiary population is in the 300 million persons range when it can readily be shown that, including all eligible persons not just those with a sight impairment, the eligible Article 3 population is in the one billion range, the question that may have to be answered at some later date is:

    Does the Marrakesh Treaty really comply with the “certain special cases” provision of the Berne and TRIPS 3-step test?

    * https://www.foreign.senate.gov/imo/media/doc/Treaty_114-6.pdf

    Reply

Trackbacks

  1. WIPO Marrakesh Treaty On Copyright Exceptions For Blind Readers Clears US Senate OPUS IP Patent Agents/Attorneys Manchester Stockport North-west UK says:
    30/06/2018 at 1:37 pm

    […] WIPO Marrakesh Treaty On Copyright Exceptions For Blind Readers Clears US Senate  Intellectual Property Watch […]

    Reply
  2. WIPO Marrakesh Treaty On Copyright Exceptions For Blind Readers Clears US Senate – WebLegal says:
    02/07/2018 at 10:06 am

    […] week by the United States Senate, putting it one step closer to final ratification in the country. Fonte:http://www.ip-watch.org/2018/06/29/wipo-marrakesh-treaty-copyright-exceptions-blind-readers-cl… Author: William […]

    Reply
  3. Hírmorzsák #8.5 – COPY21 says:
    13/07/2018 at 6:11 am

    […] Az USA Szenátusa elfogadta a Marrákesi Egyezményt – 2018. június 28-án az Egyesült Államok Szenátusa elfogadta a Marrákesi Egyezményt ratifikál ó és implementáló törvényt. Ha a Képviselőház is így tesz, akkor hamarosan egy új, erős támogatója lehet ennek a nemzetközi megállapodásnak. […]

    Reply

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