Marrakesh VIP Treaty

Marrakesh VIP Treaty
Marrakesh Treaty to Facilitate Access to Published Works to Visually Impaired Persons and Persons with Print Disabilities
Type Multilateral
Signed 28 June 2013 (2013-06-28)
Location Marrakesh, Morocco
Effective 30 September 2016 (2016-09-30)
Condition Ratification of 20 states
Signatories 80[1]
Parties 44 (71 countries including EUs 28 member states)
Depositary World Intellectual Property Organization

The Marrakesh VIP Treaty (formally the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities, colloquially MVT[2]) is a treaty on copyright adopted in Marrakesh, Morocco, on 28 June 2013.[3][4]

Treaty

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 (recently 28 European countries also ratified) 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;[5] the 20th ratification was received on 30 June 2016, and the treaty entered into force on 30 September 2016.[6][7]

Ratification

India was the first country to ratify the treaty, [8] [9] on 24 July 2014.< As of June 26, 2018, 80 countries have signed the Treaty and 41 states have ratified it.[1] , most recently EU and Japan[10].

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".[11][12] There is continued opposition by some EU member states.[13]

On September 20, 2017 the EU Commission published a directive and a regulation on the Marrakesh treaty that has to be transposed into national law, in all 28 member states, deadline for transposition: October 11, 2018.[14]

The European Union has committed to ratification and implementation of the Treaty, and member states are required to update their national laws to implement the Treaty's requirements later in 2018. [15]

The European Union ratified the treaty for all 28 members on October 1, 2018. The provisions of the Treaty will go into effect across the EU (including in the United Kingdom) on January 1, 2019. [16][17]

On June 28, 2018, the U.S. Senate approved it and the implementation bill S. 2559[18] 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 the President on October 9, 2018. [19][20][21]

References

  1. 1 2 "WIPO-Administered Treaties". 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. Retrieved 31 May 2016.
  3. "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.
  4. "Between the lines: Blind people defeat lobbyists in a tussle about copyright". The Economist. 20 July 2013.
  5. "Stevie Wonder hails landmark WIPO treaty boosting access to books for blind and visually impaired persons". World Intellectual Property Organization. 28 June 2013.
  6. "Canada’s Accession to Marrakesh Treaty Brings Treaty into Force, WIPO Press Release, June 30, 2016
  7. David Hammerstein. "Marrakesh Treaty: Day 1". Retrieved 18 January 2017.
  8. http://www.wipo.int/treaties/en/notifications/marrakesh/treaty_marrakesh_1.html
  9. http://www.thehindu.com/news/national/india-ratifies-marrakesh-treaty-for-visually-impaired/article6171554.ece
  10. https://www.youtube.com/watch?v=5kRcOT6WfIs
  11. "Marrakesh in the EU: facing the excuses and delay tactics after Council statement". IP Policy Committee blog. TransAtlantic Consumer Dialogue. 7 April 2015.
  12. "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.
  13. David Hammerstein. "Germany moves against "right to read" Marrakesh Treaty for visually-impaired persons". Retrieved 18 January 2017.
  14. https://ec.europa.eu/digital-single-market/en/news/implementation-marrakesh-treaty-eu-law
  15. European Blind Union. "The Marrakesh Treaty". Retrieved 31 July 2018.
  16. https://twitter.com/i/status/1046805138168598536
  17. http://www.wipo.int/pressroom/en/articles/2018/article_0008.html
  18. https://www.congress.gov/search?searchResultViewType=expanded&q=%7B%22congress%22%3A%22115%22%2C%22source%22%3A%5B%22legislation%22%2C%22treaties%22%5D%2C%22search%22%3A%22Marrakesh+Treaty%22%7D
  19. https://www.whitehouse.gov/briefings-statements/president-donald-j-trump-signs-h-r-46-h-r-2259-h-r-4854-h-r-4958-s-791-s-1668-s-2559-law/
  20. Alan K. Ota. With Only One Vote, McConnell Approves Treaty for the Blind, Roll Call. 29 June 2018
  21. https://www.congress.gov/bill/115th-congress/senate-bill/2559/all-actions-without-amendments?q=%7B%22search%22%3A%5B%22S.+2559%22%5D%7D&r=1
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