Marrakesh VIP Treaty

2016 Copyright treaty

For other uses, see Marrakesh Treaty (disambiguation).

Marrakesh VIP TreatyMarrakesh Treaty to Facilitate Access to Published Works to Visually Impaired Persons and Persons with Print Disabilities

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[1]
Parties| 94 (120 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[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.[3] As of February 2023, the treaty has 94 contracting parties covering 120 WIPO Member States because the European Union joined as a block.[6]

## History[edit]

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."[10] 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]

## Treaty[edit]

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][16]

### Ratification[edit]

India was the first country to ratify the treaty,[17][18] on 24 July 2014. As of October 15, 2018,[19] 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),[20][1] and most recently Pakistan.[21]

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.[22]

The UK left the EU on January 31, 2020.[23] 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.[24] 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.[25] Member states were required to update their national laws to implement the Treaty's requirements later in 2018.[26] 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".[27][28] There was continued opposition by some EU member states.[29]

On June 28, 2018, the U.S. Senate approved it and the implementation bill S. 2559[30] 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.[31][32][33] As a result, on February 8, 2019, the United States of America formally joined the treaty.[34]

### Countries which have ratified the treaty[edit]

By March 12, 2024, 94 Contracting Parties (120 countries) around the world had ratified or acceded to the Marrakesh treaty.[35] 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[note 1] | June 28, 2013  | Ratification: February 5, 2022[36] | 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
Kazakhstan  |  |  | January 1, 2024[37]
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

## Notes[edit]

1. ^ As declared in the instrument, the treaty applies to both Mainland China and Hong Kong SAR, but not yet apply to Macau SAR.

## Initiatives[edit]

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".[38] 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.

## References[edit]

1. ^ a b "WIPO-Administered Treaties". Archived from the original on 5 March 2017. 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. Archived from the original on 31 May 2016. Retrieved 31 May 2016.
3. ^ a b "Summary of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (MVT) (2013)". Wipo.int. Retrieved 2020-09-17.
4. ^ "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. Archived from the original on 12 August 2013. Retrieved 7 August 2013.
5. ^ "Between the lines: Blind people defeat lobbyists in a tussle about copyright". The Economist. 20 July 2013. Archived from the original on 29 November 2016. Retrieved 4 September 2017.
6. ^ "Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled". Wipo.int. Retrieved 2021-09-01.
7. ^ Kaminski, Margot E.; Yanisky-Ravid, Shlomit (2014). "The Marrakesh Treaty For Visually Impaired Persons: Why A Treaty Was Preferable To Soft Law". University of Pittsburgh Law Review. 75 (3): 259. doi:10.5195/lawreview.2014.338.
8. ^ "Marrakesh Treaty". World Blind Union. Retrieved 21 July 2022.
9. ^ "Ending the book famine : The Marrakesh Treaty". The International Agency for the Prevention of Blindness. Retrieved 21 July 2022.
10. ^ a b Laurence R. Helfer; Molly K. Land; Ruth L. Okediji; Jerome H. Reichman. The World Blind Union Guide to the Marrakesh Treaty. World Blind Union. p. 13. Retrieved 21 July 2022.
11. ^ "Understanding the Marrakesh Treaty Implementation Act" (PDF). copyirght.gov. United States Copyright Office. Retrieved 21 July 2022.
12. ^ "Marrakesh Treaty implementation options paper" (PDF). Attorney-General's Department. 2014-11-01. p. 4. Retrieved 21 July 2022.
13. ^ "The Marrakesh Treaty – Helping to end the global book famine" (PDF). WIPO. 2015. Retrieved 21 July 2022.
14. ^ "Stevie Wonder hails landmark WIPO treaty boosting access to books for blind and visually impaired persons". World Intellectual Property Organization. 28 June 2013. Archived from the original on 6 August 2013. Retrieved 7 August 2013.
15. ^ Canada's Accession to Marrakesh Treaty Brings Treaty into Force, WIPO Press Release, June 30, 2016, archived from the original on July 4, 2016, retrieved July 6, 2016
16. ^ David Hammerstein. "Marrakesh Treaty: Day 1". Archived from the original on 18 January 2017. Retrieved 18 January 2017.
17. ^ "TREATY/MARRAKESH/1: [Marrakesh Treaty] Ratification by the Republic of India". Archived from the original on 2018-10-02. Retrieved 2018-10-01.
18. ^ Joshua, Anita (2014-07-02). "India ratifies Marrakesh Treaty for visually impaired". The Hindu. Archived from the original on 2016-12-09. Retrieved 2014-07-07.
19. ^ "Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled" (PDF). Wipo.int. 24 February 2020. Archived (PDF) from the original on 5 May 2020. Retrieved 2020-04-02.
20. ^ "TREATY/MARRAKESH/45: [Marrakesh Treaty] Ratification by the European Union". Archived from the original on 2018-10-18. Retrieved 2018-10-17.
21. ^ https://www.wipo.int/wipolex/en/treaties/notifications/details/treaty_marrakesh_96
22. ^ @WIPO (October 1, 2018). "European Union 🇪🇺 joins the "books for blind" 📚 #MarrakeshTreaty, now covering 70 countries across the globe:…" (Tweet). Archived from the original on August 21, 2019. Retrieved July 19, 2019 - via Twitter.
23. ^ "EUR-Lex - 32017L1564". Eur-lex.europa.eu. Retrieved 2 June 2022.
24. ^ "TREATY/MARRAKESH/75: [Marrakesh Treaty] Ratification by the United Kingdom of Great Britain and Northern Ireland". Wipo.int. Retrieved 2 June 2022.
25. ^ "Implementation of the Marrakesh Treaty in EU law". 6 November 2019. Archived from the original on 19 July 2018. Retrieved 19 July 2018.
26. ^ European Blind Union. "The Marrakesh Treaty". Archived from the original on 1 August 2018. Retrieved 31 July 2018.
27. ^ "Marrakesh in the EU: facing the excuses and delay tactics after Council statement". IP Policy Committee blog. TransAtlantic Consumer Dialogue. 7 April 2015. Archived from the original on 19 September 2015. Retrieved 14 April 2015.
28. ^ "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. Archived (PDF) from the original on 2015-04-14. Retrieved 2015-04-14.
29. ^ David Hammerstein. "Germany moves against "right to read" Marrakesh Treaty for visually-impaired persons". Archived from the original on 18 January 2017. Retrieved 18 January 2017.
30. ^ "Legislative Search Results". Archived from the original on 2019-02-06. Retrieved 2018-07-11.
31. ^ "President Donald J. Trump Signs H.R. 46, H.R. 2259, H.R. 4854, H.R. 4958, S. 791, S. 1668 and S. 2559 into Law". whitehouse.gov. Archived from the original on 2021-01-20. Retrieved 2018-10-10 - via National Archives.
32. ^ Alan K. Ota. With Only One Vote, McConnell Approves Treaty for the Blind Archived 2018-07-02 at the Wayback Machine, Roll Call. 29 June 2018
33. ^ "Actions - S.2559 - 115th Congress (2017-2018): Marrakesh Treaty Implementation Act". 2018-10-09. Archived from the original on 2018-07-10. Retrieved 2018-07-09.
34. ^ "USA Joins Marrakesh Treaty as 50th Member". wipo.int. Archived from the original on 2019-02-09. Retrieved 2019-03-21.
35. ^ "WIPO-Administered Treaties". Wipo.int. Retrieved 2022-09-25.
36. ^ "TREATY/MARRAKESH/87: [Marrakesh Treaty] Ratification by the People's Republic of China". Wipo.int.
37. ^ "Talgat Uali announced the upcoming accession of Kazakhstan to the Marrakesh Treaty in 2024". gov.egov.kz (in Kazakh). Retrieved 2023-11-09.
38. ^ "Bright days ahead for blind learners". Monitor. 2021-01-10. Retrieved 2022-05-09.

## External links[edit]

* The Marrakesh Treaty on WIPO
* Contracting Parties > Marrakesh VIP Treaty (WIPO official list of signatories)
* The full text of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled (in English) in the WIPO Lex database — official website of WIPO.

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WIPO Administered Treaties

IP protection treaties|

* Beijing Treaty on Audiovisual Performances

* Berne Convention for the Protection of Literary and Artistic Works

* Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite

* Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods

* Marrakesh VIP Treaty

* Nairobi Treaty on the Protection of the Olympic Symbol

* Paris Convention for the Protection of Industrial Property

* Patent Law Treaty

* Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms

* Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations

* Singapore Treaty on the Law of Trademarks

* Trademark Law Treaty

* Washington Treaty on Intellectual Property in Respect of Integrated Circuits

* WIPO Copyright Treaty

* WIPO Performances and Phonograms Treaty

Global protection system treaties|

* Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

* Hague Agreement Concerning the International Deposit of Industrial Designs

* Lisbon Agreement for the Protection of Appellations of Origin and their International Registration

* Madrid Agreement Concerning the International Registration of Marks

* Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks

* Patent Cooperation Treaty

Classification treaties|

* Locarno Agreement Establishing an International Classification for Industrial Designs

* Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks

* Strasbourg Agreement Concerning the International Patent Classification

* Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks

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