No man is an island: A critical analysis of the UK’s implementation of the Marrakesh Treaty

Kouletakis, Jade

doi:10.2966/scrip.170120.54

SCRIPT-ed

2020

DOI: 10.2966/scrip.170120.54

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No man is an island: A critical analysis of the UK’s implementation of the Marrakesh Treaty

Jade Kouletakis¹

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2023

2024

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“…See Samtami (2022). 15 See for example, among many others, Keller (2023); Zewele (2022); Ncube et al (2020); Kouletakis (2020); Li and Selvadurai (2017); Li and Selvadurai (2019); Rode ´s and Motz (2020).…”

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confidence: 99%

The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled in the European Union: Reflecting on Its Implementation and Gauging Its Impact from a Disability Perspective

Ferri

2024

IIC

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The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled (Marrakesh Treaty) requires State Parties to introduce limitations and exceptions to national copyright rules in order to allow the reproduction, distribution and making available of published works in formats that are accessible to persons who are blind, visually impaired or otherwise print disabled. This Treaty was concluded by the European Union (EU) on behalf of its Member States in 2018. It was then implemented by means of a Directive and a Regulation. On the tenth anniversary of its adoption, and six years after the enactment of the EU implementing acts, this article reflects on the implementation of the Marrakesh Treaty in the EU, highlighting its strengths and shortcomings. It then discusses, from a disability perspective, the impact of the Marrakesh Treaty within Europe on foot of a multimethod empirical study conducted within the project ReCreating Europe. On the whole, this article argues that, in spite of some weaknesses of the Marrakesh Directive, which leaves room for differences across the Member States, the ratification of the Marrakesh Treaty by the EU has supported access to printed materials for people with disabilities.

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confidence: 99%

The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled in the European Union: Reflecting on Its Implementation and Gauging Its Impact from a Disability Perspective

Ferri

2024

IIC

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Does Article 4(1)(a) of the Marrakesh Treaty Require Limitation to Adaptation Rights? Blind SA v Minister of Trade, Industry and Competition (CCT 320/21) [2022] ZACC 33 (21 September 2022)

Forere

2024

PER

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Central to this contribution is Article 4(1)(a) of the Marrakesh Treaty, which the Constitutional Court used to limit the exclusive right of adaptation of copyright owners in the case of Blind SA v The Minister of Trade, Industry and Competition. This contribution finds that while states can add other limitations in their national laws beyond Article 4(1)(a), they can do so relying on Articles 4.3 and 12 of the Marrakesh Treaty while observing the three-step test and their other international obligations. It is, therefore, recommended for our courts to provide clear guidance on normative development, which can, in turn, assist the legislature in its troubled path to domesticate the Marrakesh Treaty ahead of the planned ratification.

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The Role of the Marrakesh Treaty in Supporting Access to Printed Material for People Who Are Blind or Visually Impaired: A Critical Discussion of the Results of an Empirical Study Conducted in Six European Countries

Ferri

Rossello

2023

Disabilities

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Less than 7% of published works are accessible. To overcome this book famine, the Marrakesh Treaty was enacted with the view of enhancing access to published works for people with visual impairments, blind people, and people that are otherwise print-disabled. Leveraging survey data from six European countries (Italy, Ireland, Sweden, Germany, Hungary, and the Netherlands), we investigate the respondents’ knowledge of the Marrakesh Treaty and whether they experienced improved access to printed material after its implementation. The results of the survey show that people who are blind and use braille printers are more likely to report an improvement in accessing printed material, suggesting that the exceptions provided for in the Marrakesh Treaty best support the reproduction and availability of copyrighted works in braille rather than other formats.

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No man is an island: A critical analysis of the UK’s implementation of the Marrakesh Treaty

Cited by 3 publications

References 0 publications

The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled in the European Union: Reflecting on Its Implementation and Gauging Its Impact from a Disability Perspective

The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled in the European Union: Reflecting on Its Implementation and Gauging Its Impact from a Disability Perspective

Does Article 4(1)(a) of the Marrakesh Treaty Require Limitation to Adaptation Rights? Blind SA v Minister of Trade, Industry and Competition (CCT 320/21) [2022] ZACC 33 (21 September 2022)

The Role of the Marrakesh Treaty in Supporting Access to Printed Material for People Who Are Blind or Visually Impaired: A Critical Discussion of the Results of an Empirical Study Conducted in Six European Countries

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