Tag Archives: ratification

Four More Marrakesh Treaty Ratifications Needed For Entry Into Force

At last check-in in December, thirteen countries had ratified the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled.  Today, that number stands at sixteen, with the recent ratifications of Israel, North Korea and Peru.  AustraliaArgentina, BrazilEl Salvador, India, Mali, MexicoMongolia, Paraguay, Singapore, South Korea, the United Arab Emirates and Uruguay ratified the treaty previously.  The Marrakesh Treaty needs twenty ratifications to enter into force and will, in all likelihood, reach this threshold this year with several countries reportedly close to ratification.

The Marrakesh Treaty sets forth minimum standards for limitations and exceptions to facilitate access to accessible format works.  It would also permit cross-border sharing of these accessible formats, allowing countries to avoid unnecessary duplication of efforts and resources in the creation of these accessible works.  Additionally, the Treaty would facilitate importation of works created in other languages.

Bill C-65 in Canada was introduced in June in preparation for accession to the Marrakesh Treaty, but has not been voted on.  The Obama Administration sent the Marrakesh Treaty to the U.S. Senate in February of this year, though it has not yet been scheduled for a hearing or vote.

Sixteen Organizations Join Letter Supporting Rapid Ratification of Marrakesh Treaty

ARL, together with fifteen other organizations including library associations, blind and disability groups, authorized entities and non-profit advocacy organizations, joined a statement supporting rapid ratification of the Marrakesh Treaty.  The Obama Administration sent the Marrakesh Treaty to the Senate on February 10, 2016 and the letter calls on the Senate to ratify the Treaty and for the House and Senate  to pass the Marrakesh Implementation Act.  The Treaty provides minimum standards for limitations and exceptions to create and distribute accessible formats for the print disabled and allows for the cross-border exchange of these formats.

The statement notes:

We believe the Treaty is consistent with United States law and could be ratified without any changes to existing statutes or regulations.

Notwithstanding this view, we are prepared to support the legislative package as proposed by the Administration because it makes minimal changes to the law and its consideration would, we trust, facilitate early Senate consent to ratification. We are confident that the focused and narrow changes that have been proposed are enough to satisfy the terms of the Marrakesh Treaty. We believe any effort to make any other changes in US law, beyond those proposed by the Administration, would unnecessarily delay and jeopardize the ratification of this treaty. Blind and otherwise print disabled Americans have waited far too long for equal access to printed materials.

We call upon the Senate to consent to ratification without any reservations, understandings or declarations. We further encourage Congress to hold hearings expeditiously and to enact the implementing legislation along with the suggested legislative history as currently drafted, without delay. If the Treaty is ratified and the legislation adopted, the blind and otherwise print disabled of our nation will benefit greatly by having access to the rest of the world’s accessible book collection and the blind and otherwise print disabled of the world will advance their quest for greater information through access to books in the United States.

The full Joint Statement Supporting Marrakesh Treaty Ratification is available here.

Bill to Amend Canada’s Copyright Act in Preparation for Accession to the Marrakesh Treaty Tabled in the House of Commons

On June 8, 2015, proposed amendments to Canada’s Copyright Act were tabled in the House of Commons. These amendments, contained in Bill C-65, the Support for Canadians with Print Disabilities Act, would amend the Copyright Act in order to prepare for implementation of and accession to the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled (“Marrakesh Treaty”).

This bill follows the April 21, 2015 budget proposal, which signaled an intention to amend the Copyright Act and accede to the Marrakesh Treaty. In that proposal, the Canadian government noted that accession to the Marrakesh Treaty would benefit the approximately 1 million blind or visually impaired Canadians.

Under Canada’s Copyright Act, Article 32 provides a limitation to allow for the creation and distribution of accessible format works for those with disabilities. The current provision broadly permits the creation of an accessible work for persons with a perceptual disability. It does not, however, permit the creation of a large print book. The current exception applies only where an accessible format is not commercially available. A non-profit organization may export an accessible format copy, but only where the author of the work is a Canadian citizen or permanent resident or a citizen or permanent resident of the country to which the copy is being sent. Copies may not be exported where the organization knows or has reasonable grounds to know that an accessible format is available in that country within a reasonable time and for a reasonable price. Royalties are owed by the organization making or sending the accessible format copy. The current copyright law also has an exception to the prohibition against circumvention of technological protection measures, but only where it does not “unduly impair” the technological protection measure.

Bill C-65 makes several changes to Article 32. One of the most significant changes is that it removes the prohibition on the creation of large print format as an accessible copy. Large print is an important type of accessible format because many of those who are visually impaired do not require audio formats or may not read Braille. For example, with age, individuals often require larger print. The Marrakesh Treaty broadly defines an “accessible format copy” and the removal of the prohibition against large print in Article 32, complies with the Treaty and will greatly benefit an aging population.

Another key change would allow the sending of accessible formats to other countries, regardless of the nationality of the authors of the works. Bill C-65 allows for the export of accessible format works to both Marrakesh Treaty countries as well as non-Marrakesh Treaty countries. It would allow for injunctions, but not damages, where the accessible format was exported to a country where it was commercially available within a reasonable time, for a reasonable price and located with reasonable effort. Where a work is exported to a Marrakesh Treaty country, the owner of the copyright bears the burden of demonstrating commercial availability. Where a work is exported to a non-Marrakesh Treaty country, the non-profit organization must also show that it had reasonable grounds to believe that it was not commercially available.

Additionally, Bill C-65 permits circumvention of technological protection measures, removing the condition that the technological protection measure not be unduly impaired. It instead provides that circumvention is permitted for the sole purpose of enabling those with perceptual disabilities, or non-profit organizations who serve them, to access accessible formats of the work.

Introduction of Bill C-65 is a key first step in acceding to the Marrakesh Treaty. The Marrakesh Treaty currently has 8 ratifications and will need 12 more for entry into force. In the United States, the Administration has been working on preparing its ratification package, but it has not yet been submitted to Congress.

Two More Parties to the Marrakesh Treaty: Argentina and Singapore

The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled now has eight ratifications or accessions,* with Argentina and Singapore being the latest countries to deposit their notifications with the World Intellectual Property Organization (WIPO).  Countries previously ratifying or acceding to the Marrakesh Treaty include: India, El Salvador, the United Arab Emirates, Uruguay, Mali, and Paraguay.  Twenty ratifications or accessions are necessary for the Marrakesh Treaty to enter into force.

The Marrakesh Treaty sets forth minimum standards for limitations and exceptions to facilitate access to accessible format works.  It would also permit cross-border sharing of these accessible formats, allowing countries to avoid unnecessary duplication of efforts and resources in the creation of these accessible works.  Additionally, the Treaty would facilitate importation of works created in other languages.

With eighty total signatories to the treaty, hopefully more countries will join the eight current parties to the Marrakesh Treaty and swiftly ratify.  The United States, which signed the treaty on October 2, 2013, should ratify the treaty to help end the “book famine” where only a small fraction of books — estimated by the National Federation for the Blind at no more than five percent — are created in an accessible format.  While the United States has robust limitations and exceptions to allow for the creation and distribution of accessible format works, many countries, particularly those in the developing world, do not and their collections of accessible formats are even smaller than in the United States.  Additionally, persons with print disabilities in the United States would benefit from ratification, not only from the ability to import works from other English-speaking countries, but also because persons who speak other languages or are learning new languages — for example, Spanish, French, Russian or Chinese — would be able to import works in these languages from other countries.

*Countries that signed the Marrakesh Treaty during the one-year period in which it was open for signature must ratify the treaty.  Ratification is a two-step process where a country will sign the treaty, signaling that it agrees with the treaty and intends to ratify.  While a signature does not create a binding legal obligation and does not commit a country to ratification, it obliges the country to not commit acts that would undermine the treaty’s objective and purpose.  Countries that did not sign the Marrakesh Treaty can become a party to the treaty through accession, a one-step ratification.