Copyright Exceptions Across Borders: Implementing the Marrakesh Treaty

Abstract

This article reviews state ratification and implementation of the Marrakesh Treaty since its conclusion in 2013. We find that most states have adhered closely to the Treaty’s text, thus creating a de facto global template of exceptions and limitations that has increasingly enabled individuals with print disabilities, libraries and schools to create accessible format copies and share them across borders. The article argues that the Marrakesh Treaty’s core innovation—mandatory exceptions to copyright to promote public welfare—together with consultations with a diverse range of stakeholders, may offer a model for harmonizing human rights and IP in other contexts.

Keywords: Marrakesh Treaty, Copyright, Human rights, Blind, Visually impaired persons, Disability, Exceptions, Limitations, Harmonization, Implementation, Publishers