Rights 2.1.3.2 Adoption of the Agreement on Trade-Related Aspects of Intellectual Property and its Effects on Human Rights 17 2.2 A Hybrid Solution to the Conflict of Regimes: Human Rights Framework for Intellectual Property 2.3 Reading Disabled Persons and Access to Copyrighted Material 2.3.1.1 Visual Impairment and Blindness 2.3.1.2 Other Reading Disabilities 2.3.1.3 Accessible Formats 2.3.2 Main Difficulties Faced by the Visually Impaired Persons 2.3.3 The Factors Causing the 'Book Famine' 2.3.4 Disabled Persons' Social Movements 2.3.5 Digital Technologies and Visually Impaired Persons 2.3.5.1 Production and Reproduction Costs 2.3.5.2 Distribution 2.3.6 Access to Knowledge Movement and Visually Impaired Persons LEGAL NATURE OF THE RIGHTS OF VISUALLY IMPAIRED PERSONS TO ACCESS COPYRIGHTED MATERIALS 43 3.1 Toward Realization of the Visually Impaired Persons' Human Rights: why does access to copyrighted materials matter? 3.1.1 Right to Education 3.1.2 Right to Participation in Cultural Life and Activities 3.1.3 Right to Enjoy the Benefits of Scientific Progress and Its Applications 3.1.4 Right to Freedom of Expression 3.1.5 Right to Adequate Standard of Living 3.2 Interpretative Approaches on the VIPs' Economic, Social and Cultural Rights Effected by the Intellectual Property Rights 3.3 Prior Norm-Setting Initiatives for Improved Access for VIPs 3.3.1. Sundberg Declaration on Action and Strategies for Education, Prevention and Integration 3.3.2 Study on the Problems Experienced by the Handicapped in Obtaining Access to Protected Works 3.3.3 Standard Rules on the Equalization of Opportunities for Persons with Disabilities
The number of countries joining the WIPO Marrakesh Treaty for the visually impaired has been gradually increasing since its adoption in 2013. This article evaluates the contribution of the WIPO Marrakesh Treaty to the untangling and understanding of the interface of intellectual property law and human rights law. It analyses the significance of the human rights language used in the Treaty as well as its mandatory copyright exceptions. It is argued that the significance of the Treaty mainly lies in its inclusion of human rights principles. This, together with the introduction of compulsory copyright limitations and exceptions, forms the innovative approach of the Treaty that reshapes the contours of the relationship between intellectual property rights and human rights.
<p>Reproduction of copyright protected material in formats that are accessible to the blind and visually impaired persons constitutes a copyright infringement unless there are specific limitations and exceptions in place. Most countries do not have copyright limitations and exceptions for the benefit of the visually impaired in their copyright laws. This has contributed to the issue of book famine, meaning the unsatisfactory access to copyright protected material for the blind and visually impaired. This thesis examines the claims of the visually impaired for improved access to copyright protected works in the context of the interface of human rights and intellectual property rights. This research demonstrates that insufficient access to copyright protected material is discriminatory against the visually impaired and negatively affects their human rights such as the right to education, information, health, employment, culture, and science. Moreover, the thesis analyses the international and domestic copyright law’s impact on the needs of the visually impaired. In analysing the international copyright law, the thesis evaluates the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities. Highlighting the insufficient consideration for the rights of the visually impaired in domestic and international copyright laws including the Marrakesh Treaty, the thesis proposes adoption of a human rights framework for copyright law to the extent that it affects the human rights of the visually impaired. Such framework requires copyright law to accommodate those human rights of the visually impaired that are dependent on access to copyright protected material. The thesis offers two categories of measures for creation of a human rights framework for copyright to the extent that it affects the human rights of the visually impaired. The measures include optimisation of already available options and adoption of new mechanisms. The first category discusses minimum mandatory copyright limitations and exceptions and the possibility to harmonise them. The second category covers extra measures such as clarifying the implications of different human rights and copyrights in the context of the book famine; ensuring compatibility of human rights and copyright when adopting policy and law; and, regular monitoring of the impact of copyright law on human rights.</p>
<p>Reproduction of copyright protected material in formats that are accessible to the blind and visually impaired persons constitutes a copyright infringement unless there are specific limitations and exceptions in place. Most countries do not have copyright limitations and exceptions for the benefit of the visually impaired in their copyright laws. This has contributed to the issue of book famine, meaning the unsatisfactory access to copyright protected material for the blind and visually impaired. This thesis examines the claims of the visually impaired for improved access to copyright protected works in the context of the interface of human rights and intellectual property rights. This research demonstrates that insufficient access to copyright protected material is discriminatory against the visually impaired and negatively affects their human rights such as the right to education, information, health, employment, culture, and science. Moreover, the thesis analyses the international and domestic copyright law’s impact on the needs of the visually impaired. In analysing the international copyright law, the thesis evaluates the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities. Highlighting the insufficient consideration for the rights of the visually impaired in domestic and international copyright laws including the Marrakesh Treaty, the thesis proposes adoption of a human rights framework for copyright law to the extent that it affects the human rights of the visually impaired. Such framework requires copyright law to accommodate those human rights of the visually impaired that are dependent on access to copyright protected material. The thesis offers two categories of measures for creation of a human rights framework for copyright to the extent that it affects the human rights of the visually impaired. The measures include optimisation of already available options and adoption of new mechanisms. The first category discusses minimum mandatory copyright limitations and exceptions and the possibility to harmonise them. The second category covers extra measures such as clarifying the implications of different human rights and copyrights in the context of the book famine; ensuring compatibility of human rights and copyright when adopting policy and law; and, regular monitoring of the impact of copyright law on human rights.</p>
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