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Marrakesh VIP Treaty

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Marrakesh VIP Treaty
Marrakesh Treaty to Facilitate Access to Published Works to Visually Impaired Persons and Persons with Print Disabilities
Marrakesh Treaty Countries in force.svg
Map of countries where the Treaty is currently in force as of July 2022.
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
Parties 92 (118 countries including EUs 27 member states)
Depositary World Intellectual Property Organization

The Marrakesh VIP Treaty (formally the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired or Otherwise Print Disabled, colloquially Marrakesh Treaty or MVT) is a treaty on copyright adopted in Marrakesh, Morocco, on 27 June 2013. It achieved the deposit of 20 instruments of ratification or accession by eligible parties needed for entry into force on June 30, 2016 and entered into force three months later, on September 30, 2016. As of February 2023, the treaty has 92 contracting parties covering 118 WIPO Member States because the European Union joined as a block.

History

The treaty seeks to remedy a "book famine" for people who are unable to access standard print materials. Before the implementation of the treaty, the World Blind Union estimated that over 90% of copyrighted works were not produced in accessible formats; in developing countries, this number drops to around 1% of published materials.

Before the treaty was signed, under one third of countries provided a copyright exception to allow the sharing of works to people with disabilities without the copyright holders permission. However, even when these copyright exemptions were present, individual countries could not share materials between themselves. As an example, the World Blind Union notes: "In Spain, for example, there are approximately 100,000 accessible books, whereas Argentina has only about 25,000. Yet Spain's accessible books cannot be exported legally to Argentina or to other Spanish-speaking countries." Additionally, where copyright exemptions did exist, they were not always uniform in nature. The United States has long had the Chafee Amendment, which among other things allows for the existence of the National Library Service for the Blind and Print Disabled. However, this copyright exemption before the treaty only applied to previously published nondramatic literary works. In contrast, Australia prior to the treaty already had copyright exemptions that applied to all literary and dramatic works. Establishing a treaty had as a goal creating one set of rules to help facilitate sharing of all manner of works across international borders.

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 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; the 20th ratification was received on 30 June 2016, and the treaty entered into force on 30 September 2016.

Ratification

India was the first country to ratify the treaty, on 24 July 2014. As of October 15, 2018, 80 countries have signed the Treaty and 117 states have ratified it including EU's 28 member-states who ratified as one entity (notification number 45), and most recently Barbados.

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

The UK left the EU on January 31, 2020. but was covered by the EU's ratification of the treaty until December 31, 2020. The UK deposited their instrument of ratification on October 1, 2020. This meant that on January 1, 2021, the UK became a contracting party in its own right.

On September 20, 2017, the EU Commission published a directive and a regulation on the Marrakesh treaty that had to be transposed into national law, in all 28 member states; the deadline for transposition was October 11, 2018. Member states were required to update their national laws to implement the Treaty's requirements later in 2018. This followed a lengthy and occasionally controversial process that began shortly after the treaty was initially passed. 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". There was continued opposition by some EU member states.

On June 28, 2018, the U.S. Senate approved it and the implementation bill S. 2559 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 Trump on October 9, 2018. As a result, on February 8, 2019, the United States of America formally joined the treaty.

Countries which have ratified the treaty

By February 20, 2023, 92 Contracting Parties (118 countries) around the world had ratified or acceded to the Marrakesh treaty. See table below:

Contracting Party Signature Instrument In Force
Afghanistan June 28, 2013 Ratification: July 26, 2018 October 26, 2018
Argentina May 21, 2014 Ratification: April 1, 2015 September 30, 2016
Armenia Accession: June 1, 2022 September 1, 2022
Australia June 23, 2014 Ratification: December 10, 2015 September 30, 2016
Austria June 25, 2014
Azerbaijan Accession: September 24, 2018 December 24, 2018
Bangladesh Accession: September 26, 2022 December 26, 2022
Barbados Accession: February 20, 2023 May 20, 2023
Belarus Accession: July 22, 2020 October 22, 2020
Belgium June 25, 2014
Belize Accession: November 9, 2018 February 9, 2019
Bolivia (Plurinational State of) Accession: March 12, 2019 June 12, 2019
Bosnia and Herzegovina June 28, 2013 Ratification: January 20, 2021 April 20, 2021
Botswana Accession: October 5, 2016 January 5, 2017
Brazil June 28, 2013 Ratification: December 11, 2015 September 30, 2016
Burkina Faso June 28, 2013 Ratification: July 31, 2017 October 31, 2017
Burundi June 28, 2013
Cabo Verde Accession: February 22, 2019 May 22, 2019
Cambodia June 28, 2013
Cameroon June 28, 2013 Ratification: October 5, 2021 January 5, 2022
Canada Accession: June 30, 2016 September 30, 2016
Central African Republic June 28, 2013 Ratification: August 19, 2020 November 19, 2020
Chad June 28, 2013
Chile June 28, 2013 Ratification: May 10, 2016 September 30, 2016
China June 28, 2013 Ratification: February 5, 2022 May 5, 2022
Colombia June 28, 2013
Comoros June 28, 2013 Ratification: January 25, 2021 April 25, 2021
Congo June 28, 2013
Cook Islands Accession: March 19, 2019 June 19, 2019
Costa Rica June 28, 2013 Ratification: October 9, 2017 January 9, 2018
Côte d'Ivoire June 28, 2013
Cyprus June 28, 2013
Czech Republic June 24, 2014
Democratic People's Republic of Korea June 28, 2013 Ratification: February 19, 2016 September 30, 2016
Denmark June 28, 2013
Djibouti June 28, 2013
Dominican Republic June 28, 2013 Ratification: June 5, 2018 September 5, 2018
Ecuador May 8, 2014 Ratification: June 29, 2016 September 30, 2016
El Salvador October 11, 2013 Ratification: October 1, 2014 September 30, 2016
Ethiopia June 28, 2013 Ratification: November 2, 2020 February 2, 2021
European Union (EU) April 30, 2014 Ratification: October 1, 2018 January 1, 2019
Finland June 20, 2014
France April 30, 2014
Germany June 20, 2014
Ghana June 28, 2013 Ratification: May 11, 2018 August 11, 2018
Greece April 30, 2014
Guatemala June 2, 2014 Ratification: June 29, 2016 September 30, 2016
Guinea June 28, 2013
Haiti June 28, 2013
Holy See June 28, 2013
Honduras Accession: March 29, 2017 June 29, 2017
Iceland Accession: December 9, 2021 March 9, 2022
India April 30, 2014 Ratification: June 24, 2014 September 30, 2016
Indonesia September 24, 2013 Ratification: January 28, 2020 April 28, 2020
Iran (Islamic Republic of) June 27, 2014
Ireland June 20, 2014
Israel Accession: March 21, 2016 September 30, 2016
Japan Accession: October 1, 2018 January 1, 2019
Jordan June 28, 2013 Ratification: June 26, 2018 September 26, 2018
Kenya June 28, 2013 Ratification: June 2, 2017 September 2, 2017
Kiribati Accession: July 31, 2019 October 31, 2019
Kyrgyzstan Accession: May 15, 2017 August 15, 2017
Lebanon June 28, 2013
Lesotho Accession: April 30, 2018 July 30, 2018
Liberia Accession: October 6, 2016 January 6, 2017
Liechtenstein Accession: September 22, 2021 December 22, 2021
Lithuania September 27, 2013
Luxembourg June 28, 2013
Malawi Accession: July 14, 2017 October 14, 2017
Malaysia Accession: March 31, 2022 June 30, 2022
Mali June 28, 2013 Ratification: December 16, 2014 September 30, 2016
Marshall Islands Accession: February 8, 2019 May 8, 2019
Mauritania June 28, 2013
Mauritius June 28, 2013 Ratification: January 11, 2021 April 11, 2021
Mexico June 25, 2014 Ratification: July 29, 2015 September 30, 2016
Mongolia June 28, 2013 Ratification: September 23, 2015 September 30, 2016
Montenegro Accession: March 8, 2022 June 8, 2022
Morocco June 28, 2013 Ratification: May 15, 2019 August 15, 2019
Mozambique August 22, 2013
Namibia August 12, 2013
Nepal June 28, 2013
New Zealand Accession: October 4, 2019 January 4, 2020
Nicaragua Accession: January 16, 2020 April 16, 2020
Nigeria June 28, 2013 Ratification: October 4, 2017 January 4, 2018
Norway June 20, 2014 Ratification: August 31, 2021 November 30, 2021
Panama June 28, 2013 Ratification: February 10, 2017 May 10, 2017
Paraguay June 28, 2013 Ratification: January 20, 2015 September 30, 2016
Peru June 28, 2013 Ratification: February 2, 2016 September 30, 2016
Philippines Accession: December 18, 2018 March 18, 2019
Poland June 24, 2014
Qatar Accession: October 24, 2018 January 24, 2019
Republic of Korea June 26, 2014 Ratification: October 8, 2015 September 30, 2016
Republic of Moldova June 28, 2013 Ratification: February 19, 2018 May 19, 2018
Russian Federation Accession: February 8, 2018 May 8, 2018
Rwanda Accession: October 25, 2021 January 25, 2022
Saint Lucia Accession: June 11, 2020 September 11, 2020
Saint Vincent and the Grenadines Accession: September 5, 2016 December 5, 2016
San Marino Accession: June 2, 2020 September 2, 2020
Sao Tome and Principe June 28, 2013 Ratification: October 15, 2020 January 15, 2021
Saudi Arabia Accession: November 21, 2018 February 21, 2019
Senegal June 28, 2013
Serbia Accession: February 24, 2020 May 24, 2020
Sierra Leone June 28, 2013
Singapore Accession: March 30, 2015 September 30, 2016
Slovenia May 16, 2014
Sri Lanka Accession: October 5, 2016 January 5, 2017
Sudan June 28, 2013
Switzerland June 28, 2013 Ratification: February 11, 2020 May 11, 2020
Syrian Arab Republic November 22, 2013
Tajikistan Accession: February 27, 2019 May 27, 2019
Thailand Accession: January 28, 2019 April 28, 2019
Togo June 28, 2013
Trinidad and Tobago Accession: October 4, 2019 January 4, 2020
Tunisia June 28, 2013 Ratification: September 7, 2016 December 7, 2016
Turkey November 1, 2013
Turkmenistan Accession: October 15, 2020 January 15, 2020
Uganda June 28, 2013 Ratification: April 23, 2018 July 23, 2018
United Arab Emirates Accession: October 15, 2014 September 30, 2016
United Kingdom June 28, 2013 Ratification: October 1, 2020 January 1, 2021
United Republic of Tanzania Accession: April 8, 2020 July 8, 2020
United States of America October 2, 2013 Ratification: February 8, 2019 May 8, 2019
Uruguay June 28, 2013 Ratification: December 1, 2014 September 30, 2016
Uzbekistan Accession: March 7, 2022 June 7, 2022
Vanuatu Accession: May 6, 2020 August 6, 2020
Venezuela (Bolivarian Republic of) Accession: October 2, 2019 January 2, 2020
Viet Nam Accession: December 6, 2022 March 6, 2023
Zimbabwe October 2, 2013 Ratification: September 12, 2019 December 12, 2019

Initiatives

The Accessible Books Consortium (ABC), launched in 2014, was conceived as "one possible initiative, among others, to concretely achieve the goals of the Marrakesh Treaty ". ABC aims to increase the number of books worldwide in accessible formats – such as braille, audio and large print – and to make them available to people who are blind, have low vision or are otherwise print disabled.

External links


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