Abstract
The access to knowledge opens the door to a good education, successful employment and a fruitful and independent personal life. The right to education remains unachievable for blind, visually impaired and print disabled persons due to absence of reading material in accessible formats, such as braille, large prints, audio cassettes, etc. The visually impaired persons do not have adequate access to the published works, due to which they fail to achieve equal opportunities in society. In order to facilitate access to published works for the aforesaid persons, the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired or Otherwise Print Disabled was adopted on 27 June, 2013 at WIPO. The Treaty obligates Contracting Parties to provide limitation or exception to the right of reproduction, the right of distribution, and the right of making available to the public in their national laws to facilitate the availability of works in accessible format copies for beneficiary persons. Such limitation or exception is to permit changes needed to make the work accessible in the alternative format. India is the first country to ratify the Marrakesh Treaty. The Marrakesh Treaty, which came into force on 30th September 2016, is a welcome step towards the realization of human rights of the beneficiaries. The Treaty aims at improving access for the beneficiaries to publish works in the formats such as Braille, Daisy, large print text, audio books, etc. The Treaty is just first step towards the ending of book scarcity for the beneficiaries. The States will have to show their will by becoming party to this Treaty and to amend their laws accordingly.
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- 1.
Jewell 2015.
- 2.
Id. at 16.
- 3.
Id. at 19.
- 4.
Jewell 2014.
- 5.
See Preamble of Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (June 28, 2013).
- 6.
In addition to Member States of WIPO, any intergovernmental organization and the European Union may also become party in accordance with Article 15 of the Marrakesh Treaty.
- 7.
Marrakesh Treaty, Article 4(1)(a).
- 8.
Id. Article 4(1)(b).
- 9.
Id. Article 2(c) defines “authorized entity” to mean “an entity that is authorized or recognized by the government to provide education, instructional training, adaptive reading or information access to beneficiary persons on a non-profit basis. It also includes a government institution or non-profit organization that provides the same services to beneficiary persons as one of its primary activities or institutional obligations”.
- 10.
Id. Article 4(2).
- 11.
Id. Article 4(3)–(5).
- 12.
Id. Article 12.
- 13.
Ahuja 2015.
- 14.
The Treaty of Marrakesh explained, available at: http://www.worldblindunion.org/english/news/Pages/The-Treaty-of-Marrakesh.aspx.
- 15.
Marrakesh Treaty, Article 7.
- 16.
“Any organization” includes an organization registered under Section 12A of the Income-tax Act, 1961 and working for the benefit of persons with disability or recognized under Chapter X of the Persons with Disabilities (Equal Opportunities, Protection or Rights and Full Participation) Act, 1995 or receiving grants from the government for facilitating access to persons with disabilities or an educational institution or library or archives recognized by the Government.
- 17.
The Copyright Rules, 2013, explanation to rule 77.
- 18.
Id. rule 76.
- 19.
Id. rule 18.
- 20.
Id. rule 19.
- 21.
Id. rule 21.
- 22.
Jewell, February 2015.
- 23.
Jewell, August 2014.
- 24.
Id. at 22.
References
Ahuja VK (2015) Law of copyright and neighboring rights: National and international perspectives, pp 268–269 (Lexis Nexis, New Delhi, 2nd edn 2015)
Jewell C (2014) Accessible books consortium: Breaking down barriers to accessibility. 4 WIPO Magazine 19, Aug 2014
Jewell C (2015) Removing barriers to literacy: How the Marrakesh VIP Treaty can change lives. 1 WIPO Magazine 19, Feb 2015
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Ahuja, V. (2017). Marrakesh Treaty to Facilitate Access to Published Works for Visually Disabled: Putting an End to Global Book Famine. In: Sinha, M., Mahalwar, V. (eds) Copyright Law in the Digital World. Springer, Singapore. https://doi.org/10.1007/978-981-10-3984-3_4
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