The Marrakesh Treaty: a webinar for libraries

EIFL webinar, 14 January 2015

Background and context

Marrakesh Treaty for persons with print disabilities (2013) adopted by WIPO member states

Objective to end the ‘book famine’

Five countries have ratified the Treaty, 15 more needed for the Treaty to enter into force

Libraries are key to the success of the Marrakesh Treaty for two key reasons:

• Libraries are one of the primary sources of accessible format materials

• Only blind people’s organizations, libraries and other so-called ‘authorized entities’ can send accessible copies to other countries.

The Marrakesh Treaty: a webinar for libraries

Wednesday, 14 January 2015

Luis Villarroel Villalon LLM

Overview

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• Introduction to the treaty and basic concepts

• Treaty structure and key provisions

• Recommendations for implementation

• The role of libraries in contributing to the treaty ratification

Introduction to the treaty .

Background

• Unbalance in norm setting (internationally and nationally) TRIPS – WCT – FTAs ...

• Exceptions agenda at WIPO SCCR (Blind persons, Libraries, Education)

• Contribution of libraries to the international negotiations EIFL, IFLA for Marrakesh Treaty

• Importance of A2K and libraries

WHAT IS A TREATY AND HOW IT IS IMPLEMENTED.

• Contract among States

• Commitment by each country by ratification or accession

•To be in force, Marrakesh Treaty needs 20 ratifications

• Obligation primarly to countries (not individuals)

• Depending on their constitution, some countries might implement the Treaty directly; others have to pass through their national law

• Countries have flexibility for implementation and to provide other exceptions not included in the Treaty

• Recommended to have national laws and implementing regulations to opt for greater extend of exceptions

WHAT IS COPYRIGHT AND RELATED RIGHTSl, .

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Copyright is a law that provides rights to author and other right holders that enables them to control their works or other productions.

Also provides exceptions or limitations to those rights to grant access to all or only some kinds of users due to social and economic considerations.

Despite mostly global copyright treaties, and a global minimum, there are still big differences in the scope of protection and their corresponding exceptions.

So beyond the minimum of Berne or TRIPS, some countries might grant rights for some types of uses and other countries not, like lending a book or importing or exporting a book.

So in some countries some activities might need exceptions where others don’t becauseno right is granted in the first place.

Also in some countries, rights for performers & producers of phonograms and some other examples are known as related rights (instead of copyright).

STRUCTURE OF THE TREATY.

• Definitions of essential elements • Mandatory exceptions

• Optional exceptions

• Model implementations

• General Principles for implementation (flexibilities for implementation and 3 step test)

• Other rights for beneficiaries (privacy – TPMs - contracts)

• Optional requirements that restrict use of exceptions (remuneration and commercial availability)

• Cooperation

DEFINITIONS.

Beneficiary persons:

1. people who are blind;

2. people who have a visual impairment that prevents them from reading printed works

3. people who have a perceptual impairment, such as dyslexia that makes it hard to learn to read, write and spell correctly;

4. people with a physical disability that prevents them from holding or turning the pages of a book.

WORKS .

• The Treaty applies to published literary and artistic works in the form of text, notation or related illustrations, including in audio form, such as audio books.

• Audio visual works, such as films, do not fall within the definition of works.

AUTHORIZED ENTITY

Organization that makes and distributes the accessible format copies, nationally and internationally

a) Entity that is authorized or recognized by thegovernment to provide education, instructionaltraining, adaptive reading or information access tobeneficiary persons on a non-profit basis

b) government institution or a non-profit organization that provides the same services to beneficiary persons one of its primary activities or institutional obligations

AUTHORIZED ENTITY (continued).

“establishes and follows its own practices” to:

a) ascertain that the recipients are bona fide beneficiary persons,

b) to limit the distribution of accessible format copies to beneficiary persons or other authorized entities,

c) to discourage the reproduction and distribution of unauthorized copies, and d) to maintain due care in, and records of, the handling of accessible copies.

MANDATORY EXCEPTIONSlNational

• Reproduce• Distribute• Make available• Make changes to adapt to accessible formatl-lOptional exceptions

• Public performance• Translation• Other according to International obligations• Optional requirements:• Commercial availability under reasonable terms• Remuneration

EXPORT

Copies made under exceptions in a country that is a Contracting Party may be distributed or made available by an authorized entity to a beneficiary person or an authorized entity in another Contracting Party.

Requirements for countries not members of Berne and/or not members of WCT

Not member of Berne

Country has to ensure, consistent with its own legal system and practices, that the accessible format copies are only reproduced, distributed or made available for the benefit of beneficiary persons in that Contracting Party’s jurisdiction.

Not member of WCT

Cannot export unless limitations and exceptions to the right of distribution and the right of making available are subject to the 3-step test.

lI IMPORT OF ACCESSIBLE FORMAT COPIES

To the extent that the national law of a Contracting Party permits an accesible format copy to be made:

a) a beneficiary person,

b) someone acting on his or her behalf,

c) an authorized entity

is authorized to import it

Additional Rights and Flexibilities

• Protection of privacy

• Access despite TPMs

• Other and additional Limitations and Exceptions are permittedParties might implement through exceptions specifically for the benefit of beneficiary persons, other limitations or exceptions, or a combination thereof

Question time

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EIFL partners: contact EIFL if your country is ratifying the Marrakesh Treaty, or if in need of help or advice.

The Marrakesh Treaty: an EIFL Guide for Libraries available at: www.eifl.net/resources/marrakesh-treaty-eifl-guide-libraries

Soon in French and Russian