WIPO Marrakesh Treaty for Persons With Disabilities

What is the WIPO Marrakesh Treaty?

The Marrakesh Treaty for persons with print disabilities (official name: Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled) is an international copyright treaty adopted in 2013 by member states of the World Intellectual Property Organization (WIPO).

The Marrakesh Treaty set out to address a huge problem: the fact that only 1-7% of published books are in a format that blind and visually impaired people can read. As a result, millions of people are deprived from reading books and newspapers, gaining education and employment, and participating fully in society. This problem was partly caused by obstacles created by copyright law, obstacles that the treaty committed to remove by creating mandatory exceptions to copyright allowing the making of accessible format copies, such as Braille, audio, digital and large print, and the cross-border sharing of these copies between Marrakesh Treaty countries.

The treaty entered into force on 30 September 2016, when the required number of countries (20) joined. Since then, over 120 countries have joined the Marrakesh Treaty, making it WIPO’s fastest moving and most popular treaty in terms of take-up by member states.

What is EIFL’s position on the WIPO Marrakesh Treaty?

EIFL strongly supports the Marrakesh Treaty and its swift implementation into national law. Throughout the world, libraries are a primary source of accessible reading materials and they have a long history providing information services to people with print disabilities. Libraries are key to the success of the Marrakesh Treaty and librarians have a responsibility to help ensure its widespread adoption and use.

EIFL encourages partner countries to join the Marrakesh Treaty and we advocate for implementation into national copyright law that maximizes the availability of accessible materials for library users with print disabilities. In particular, we highlight the following issues:

  • Authorized entities: we support the treaty’s definition of “authorized entity” - ensures that all types of libraries providing services on a non-profit basis are automatically eligible to participate. (The treaty does not contemplate extra government approval processes or mechanisms for authorized entities).
  • Beneficiary persons: we support the treaty’s definition of “beneficiary person” - ensures a broad definition of print disabilities to include people with dyslexia, for example, and those with a physical disability that prevents them from holding or turning the pages of a book.
  • Accessible format copy: we support the treaty’s definition of “accessible format copy” - ensures a definition that is technology neutral, future-proofing against changing formats due to technological developments. (We caution against listing specific formats in the law or in implementing regulations as they will become out-of-date).
  • Record-keeping by authorized entities: we support the treaty’s standard for record-keeping by authorized entities - ensures that a library or other authorized entity “establishes and follows its own practices” to ascertain that the recipients are bona fide beneficiary persons, to take care in the distribution of accessible format copies, to discourage unauthorized copies and to maintain records of the handling of accessible copies. (The treaty does not contemplate additional record-keeping rules for authorized entities).
  • Contract terms: it is implicit in the treaty that countries have the freedom to regulate the relationship with contracts vis-à-vis copyright limitations and exceptions for the benefit of persons with print disabilities, as long as the purpose of the treaty is fulfilled. To ensure that the exceptions apply regardless of the format of the material, we strongly support the inclusion in the law of a provision that safeguards the exceptions from terms in contracts that might override them (this is because access to material in digital formats is governed by licences). (The European Directive implementing the Marrakesh Treaty in EU law has such a safeguard ensuring that the exceptions cannot be overridden by contract).
  • Other disabilities: the Marrakesh Treaty permits members to retain and expand limitations and exceptions for persons with disabilities other than those mandated by the treaty, such as, people who are deaf. In the interests of inclusiveness and equality of access for all, regardless of the type of disability, EIFL encourages countries to make use of this flexibility.

In addition, the treaty contains two optional provisions that, if implemented into national law, would restrict the freedoms allowed under the treaty. These provisions (below) catered for a small number of countries that already had these conditions in their national law - they were not designed for countries to introduce them and should not be used as a model, especially in low-income countries.

  • Remuneration: EIFL opposes the option to subject the exceptions to remuneration - payment of a fee to the rightsholder (for published works in library collections, the rightsholder is usually the publisher). Increasing the costs of providing an accessible format copy would have a chilling effect, especially for libraries in low-income countries. It is important to note that the original work has already been purchased, the accessible format copy is made for the sole purpose of providing equal access to the work, and the activity is undertaken on a non-profit basis.

Read more

The Marrakesh Treaty: an EIFL Guide for Libraries - contains detailed recommendations for national implementation (available in Arabic, English, French, Lithuanian, Nepali, Portuguese, Russian, Serbian, Spanish).

Getting Started. Implementing the Marrakesh Treaty for persons with print disabilities. A practical guide for librarians (available in English, French, Portuguese, Russian, Spanish)

Implementation of the Marrakesh Treaty: EIFL FAQs

EIFL in Action: The right to read

Success for People with Print Disabilities: The Marrakesh Treaty (book chapter co-authored by EIFL Copyright and Libraries Programme Manager, Teresa Hackett)

World Blind Union Guide to the Marrakesh Treaty