The Marrakesh Puzzle

45 IIC 768 (2014), DOI 10.1007/s40319-014-0252-5

UNLV William S. Boyd School of Law Legal Studies Research Paper

42 Pages Posted: 1 May 2014 Last revised: 20 Nov 2017

See all articles by Marketa Trimble

Marketa Trimble

University of Nevada, Las Vegas, William S. Boyd School of Law

Date Written: August 18, 2014

Abstract

This article analyzes the puzzle created by the 2013 Marrakesh Treaty in its provisions concerning the cross-border exchange of copies of copyrighted works made for use by persons who are “blind, visually impaired, or otherwise print disabled” (copies known as “accessible format copies”). The analysis should assist executive and legislative experts as they seek optimal methods for implementing the Treaty. The article provides an overview of the Treaty, notes its unique features, and examines in detail its provisions on the cross-border exchange of accessible format copies. The article discusses three possible sources for implementation tools – choice of law rules, the exhaustion doctrine, and labeling – and concludes that a suitable method of implementing the cross-border exchange provisions of the Treaty may consist of a combination of appropriately-selected rules for choice of applicable law and rules for labeling.

Keywords: Marrakesh Treaty, WIPO, intellectual property, blind, visually impaired, disabilities, cross-border, international, transnational, orphan works, mutual recognition, choice of law, conflict of laws, exhaustion, first sale, labeling

Suggested Citation

Trimble, Marketa, The Marrakesh Puzzle (August 18, 2014). 45 IIC 768 (2014), DOI 10.1007/s40319-014-0252-5, UNLV William S. Boyd School of Law Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=2431069

Marketa Trimble (Contact Author)

University of Nevada, Las Vegas, William S. Boyd School of Law ( email )

4505 South Maryland Parkway
Box 451003
Las Vegas, NV 89154
United States

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