Marrakesh VIP Treaty | |
Long Name: | Marrakesh Treaty to Facilitate Access to Published Works to Visually Impaired Persons and Persons with Print Disabilities |
Type: | Multilateral |
Location Signed: | Marrakesh, Morocco |
Condition Effective: | Ratification of 20 states |
Signatories: | 80[1] |
Parties: | 96 (122 countries including EUs 27 member states) |
Depositor: | 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[2]) is a treaty on copyright adopted in Marrakesh, Morocco, on 27 June 2013.[3] [4] [5] 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 96 contracting parties covering 122 WIPO Member States because the European Union joined as a block.[6]
The treaty seeks to remedy a "book famine" for people who are unable to access standard print materials.[7] Before the implementation of the treaty, the World Blind Union estimated that over 90% of copyrighted works were not produced in accessible formats;[8] in developing countries, this number drops to around 1% of published materials.[9]
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.[10] 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.[11] In contrast, Australia prior to the treaty already had copyright exemptions that applied to all literary and dramatic works.[12] Establishing a treaty had as a goal creating one set of rules to help facilitate sharing of all manner of works across international borders.[13]
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;[14] the 20th ratification was received on 30 June 2016, and the treaty entered into force on 30 September 2016.[15]
India was the first country to ratify the treaty,[16] [17] on 24 July 2014. As of October 15, 2018,[18] 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),[19] [1] and most recently Jamaica.[20]
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.[21]
The UK left the EU on January 31, 2020.[22] 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.[23] 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.[24] Member states were required to update their national laws to implement the Treaty's requirements later in 2018.[25] 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".[26] [27] There was continued opposition by some EU member states.[28]
On June 28, 2018, the U.S. Senate approved it and the implementation bill [29] 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.[30] [31] [32] As a result, on February 8, 2019, the United States of America formally joined the treaty.[33]
By May 28, 2024, 96 Contracting Parties (122 countries) around the world had ratified or acceded to the Marrakesh treaty.[34] 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[35] | 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 | |||
Iraq | Accession: April 23, 2024 | July 23, 2024 | ||
Ireland | June 20, 2014 | |||
Israel | Accession: March 21, 2016 | September 30, 2016 | ||
Jamaica | Accession: May 28, 2024 | August 28, 2024 | ||
Japan | Accession: October 1, 2018 | January 1, 2019 | ||
Jordan | June 28, 2013 | Ratification: June 26, 2018 | September 26, 2018 | |
Kazakhstan | ||||
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 | |
Pakistan | Accession: March 12, 2024 | June 12, 2024 | ||
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 | |
Ukraine | Accession: June 8, 2023 | September 8, 2023 | ||
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 |
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".[36] 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.