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    The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled in the European Union: Reflecting on Its Implementation and Gauging Its Impact from a Disability Perspective


    Ferri, Delia (2024) The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled in the European Union: Reflecting on Its Implementation and Gauging Its Impact from a Disability Perspective. IIC - International Review of Intellectual Property and Competition Law. ISSN 0018-9855

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    Official URL: https://doi.org/10.1007/s40319-023-01410-y


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    Abstract

    The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled (Marrakesh Treaty) requires State Parties to introduce limitations and exceptions to national copyright rules in order to allow the reproduction, distribution and making available of published works in formats that are accessible to persons who are blind, visually impaired or otherwise print disabled. This Treaty was concluded by the European Union (EU) on behalf of its Member States in 2018. It was then implemented by means of a Directive and a Regulation. On the tenth anniversary of its adoption, and six years after the enactment of the EU implementing acts, this article reflects on the implementation of the Marrakesh Treaty in the EU, highlighting its strengths and shortcomings. It then discusses, from a disability perspective, the impact of the Marrakesh Treaty within Europe on foot of a multimethod empirical study conducted within the project ReCreating Europe. On the whole, this article argues that, in spite of some weaknesses of the Marrakesh Directive, which leaves room for differences across the Member States, the ratification of the Marrakesh Treaty by the EU has supported access to printed materials for people with disabilities.

    Item Type: Article
    Additional Information: This article has been written within the remit of the project ‘‘Rethinking digital copyright law for a culturally diverse, accessible, creative Europe – reCreating Europe’’, funded by the Horizon 2020 Framework Programme of the European Union for Research Innovation (Grant Agreement No. 870626). It takes into account legal developments up until 5 August 2023. While this article is single-authored, it builds on collective research conducted together with Katie Donnellan, Giulia Rossello, Arianna Martinelli, Noelle Higgins and Caterina Sganga. It also builds on a range of outputs that have been published in the remit of the project. Specific acknowledgements are also included in the footnotes in relation to data collection and data analysis. I am also grateful to Dr. Laura Serra for her contribution to the study in the initial phase of the project.
    Keywords: Marrakesh Treaty; Marrakesh Directive; Marrakesh Regulation ; Copyright; Disability; People who are blind; People with visual impairments; People who are otherwise print disabled;
    Academic Unit: Faculty of Social Sciences > Law
    Item ID: 18106
    Identification Number: https://doi.org/10.1007/s40319-023-01410-y
    Depositing User: Delia Ferri
    Date Deposited: 01 Feb 2024 15:18
    Journal or Publication Title: IIC - International Review of Intellectual Property and Competition Law
    Publisher: Springer
    Refereed: Yes
    URI:
    Use Licence: This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

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