<\/span><\/h3>\nThe Marrakesh Treaty on print access for visually impaired persons<\/p>\n
Decision (EU) 2018\/254 on the conclusion of the Marrakesh Treaty<\/p>\n
WHAT IS THE AIM OF THE TREATY AND OF THE DECISION?<\/p>\n
The Marrakesh Treaty aims to improve the availability and cross-border exchanges of certain works and other protected subject matter in accessible formats for persons who are blind, visually impaired or otherwise print-disabled.<\/p>\n
The decision authorises the conclusion of the treaty by the EU.<\/p>\n
The Marrakesh Treaty has been implemented in EU law by Directive (EU) 2017\/1564 and Regulation (EU) 2017\/1563.<\/p>\n
KEY POINTS<\/p>\n
The Marrakesh Treaty requires contracting parties to allow for exceptions or limitations to copyright and related rights to reproduce and disseminate copies, in accessible formats, of certain works and other protected subject matter, and for the international circulation of those copies.<\/p>\n
Beneficiary persons<\/p>\n
The beneficiary persons under the treaty are those affected by a range of disabilities that interfere with the effective reading of printed material. They comprise persons who are blind, or have a learning, physical or visual disability that prevents them from reading and understanding printed material, or holding or manipulating books or other printed works (beneficiary persons under the treaty).<\/p>\n
This includes works \u2018in the form of text, notation and\/or related illustrations, whether published or otherwise made publicly available in any media\u2019, including audiobooks.<\/p>\n
The treaty also recognises the role of authorised entities which may, on a non-profit basis, make accessible format copies of published works, for non-commercial lending or electronic distribution, as long as access to the work is lawful, making only those changes needed to make the work accessible, and supplying the copies only for use by beneficiary persons.<\/p>\n
Exceptions or limitations to copyright, including for import and export<\/p>\n
The treaty requires the parties to introduce an exception or a limitation to national copyright laws to allow the reproduction and dissemination of accessible format copies.<\/p>\n
In addition, in order to facilitate international circulation of books available in accessible format copies, the treaty requires parties to allow the import and export of accessible format copies under certain conditions:<\/p>\n
a copy may be imported without rightsholder authorisation;
\naccessible format copies can be exported by an authorised entity to a beneficiary person or other authorised entity for the exclusive use of the works by beneficiary persons.
\nParties to the treaty<\/p>\n
Membership of the treaty is open to World Intellectual Property Organisation (WIPO) members and the EU. The treaty requires WIPO to establish an \u2018information access point\u2019 to allow the voluntary sharing of information and the identification of authorised entities. It also establishes an Assembly of the Contracting Parties whose main task is to maintain and develop the treaty.<\/p>\n
EU ratification<\/p>\n
On 13 September 2017, Regulation (EU) 2017\/1563 and Directive (EU) 2017\/1564 introduced into EU law the new mandatory exception to copyright rules, in line with the treaty. On 15 February 2018, Council Decision (EU) 2018\/254 approved the conclusion of the treaty prior to full ratification.<\/p>\n
FROM WHEN DOES THE TREATY APPLY?<\/p>\n
The Marrakesh Treaty entered into force on 30 September 2016, 3 months after the required number of 20 parties to the treaty was reached.<\/p>\n
The Council decision approving the treaty\u2019s conclusion was adopted on 15 February 2018, with EU ratification of the treaty following on 12 October 2018.<\/p>\n
BACKGROUND<\/p>\n
The EU Court of Justice ruled in 2017 that the EU has exclusive competence and that the Marrakesh Treaty may be concluded by the EU acting on its own, without the participation of individual EU countries.<\/p>\n
Parties to the treaty have the freedom to implement its provisions taking into account their own legal systems and practices, complying with the three-step test obligations established in Article 9(2) of the Berne Convention for the Protection of Literary and Artistic Works. Under the convention, any exception or limitation must not conflict with a normal exploitation of the work and must not unreasonably prejudice the legitimate interests of the author.<\/p>\n
For more information, see:<\/p>\n
Implementation of the Marrakesh Treaty in EU law (European Commission).
\nMAIN DOCUMENT<\/p>\n
Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled (OJ L 48, 21.2.2018, pp. 3-11)<\/p>\n
Council Decision (EU) 2018\/254 of 15 February 2018 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 (OJ L 48, 21.2.2018, pp. 1-2)<\/p>\n
RELATED DOCUMENTS<\/p>\n
Regulation (EU) 2017\/1563 of the European Parliament and of the Council of 13 September 2017 on the cross-border exchange between the Union and third countries of accessible format copies of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled (OJ L 242, 20.9.2017, pp. 1-5)<\/p>\n
Directive (EU) 2017\/1564 of the European Parliament and of the Council of 13 September 2017 on certain permitted uses of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled and amending Directive 2001\/29\/EC on the harmonisation of certain aspects of copyright and related rights in the information society (OJ L 242, 20.9.2017, pp. 6-13)<\/p>\n
Council Decision 2014\/221\/EU of 14 April 2014 on the signing, 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 (OJ L 115, 17.4.2014, pp. 1-2)<\/p>\n
last update 06.11.2018<\/p>\n
<\/span>Regulation implementing the Marrakesh Treaty in the EU<\/span><\/h3>\nRegulation (EU) 2017\/1563 on the cross-border exchange between EU and non-EU countries of accessible format copies of certain works for the benefit of persons who are blind, visually impaired or otherwise print-disabled<\/p>\n
It sets out the rules for how works or other subject matter* in accessible format copies* are shared between the EU and non-EU countries that are party to the Marrakesh Treaty, for the benefit of persons who are blind, visually impaired or otherwise print-disabled, and without needing copyright holder permission.<\/p>\n
The Marrakesh Treaty<\/p>\n
The Marrakesh Treaty requires countries who sign up to it to adopt national laws encouraging books to be produced in accessible formats, such as braille, e-text, audio or large print, aimed at people who are blind, visually impaired or otherwise print-disabled. These laws should also make it easier to share these items across national boundaries without needing authorisation by the copyright holder. The treaty was signed in 2013 and was ratified by the EU on 1 October 2018. The EU became a party to the treaty on 1 January 2019.<\/p>\n
This regulation<\/p>\n
An EU country authorised entity* is permitted to make available to beneficiary persons*, or to any authorised entities in non-EU countries which are party to the treaty, accessible versions of books or other written materials allowed by Directive (EU) 2017\/1564, the directive implementing the Marrakesh Treaty in the EU, and these items may also be imported and used by such persons or entities.<\/p>\n
An authorised entity must:<\/p>\n
discourage unauthorised reproduction and distribution to the public of accessible format copies;
\nkeep records of its handling of works and accessible format copies;
\npublish information on how it complies with these obligations;
\nfollow rules on the processing of personal data of beneficiary persons;
\nprovide the following information in an accessible way, on request, to beneficiary persons, other authorised entities or copyright holders
\nthe list of works for which it has accessible format copies and the available formats and
\ncontact details of the authorised entities involved in the exchange of accessible format copies.<\/p>\n
<\/span>Application<\/span><\/h3>\nBy 11 October 2023, the European Commission will evaluate the regulations\u2019s operation and report to the European Parliament, the Council and the European Economic and Social Committee, with proposals for amending the regulation, where appropriate.<\/p>\n
It has applied since 12 October 2018.<\/p>\n
<\/p>\n
For more information, see:<\/p>\n
Implementation of the Marrakesh Treaty in EU law (European Commission)
\nEU accedes to the Marrakesh Treaty (European External Action Service).<\/p>\n
KEY TERMS<\/p>\n
Work or other subject matter: a book, journal, newspaper, magazine or other kind of writing, notation, including sheet music, and related illustrations, in any media, including in audio form such as audiobooks and in digital format, which is protected by copyright or related rights and which is published or made publicly available.
\nAccessible format copy: a copy of a work in a form that gives a beneficiary person access as feasibly and comfortably as a person without any of the impairments or disabilities covered by this directive.
\nAuthorised entity: an entity authorised or recognised by a country to provide education, training, adaptive reading or information access to beneficiary persons on a non-profit basis.
\nBeneficiary person: a person who is blind, has a visual impairment, or a perceptual or reading disability and is unable to read printed works to the same degree as a person without such an impairment, or is unable to hold or manipulate a book or to focus or move their eyes to the extent normally acceptable for reading.<\/p>\n
<\/span>MAIN DOCUMENT<\/span><\/h3>\nRegulation (EU) 2017\/1563 of the European Parliament and of the Council of 13 September 2017 on the cross-border exchange between the Union and third countries of accessible format copies of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled (OJ L 242, 20.9.2017, pp. 1-5)<\/p>\n
RELATED DOCUMENTS<\/p>\n
Council Decision (EU) 2018\/254 of 15 February 2018 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 (OJ L 48, 21.2.2018, pp. 1-2)<\/p>\n
Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled (OJ L 48, 21.2.2018, pp. 3-11)<\/p>\n
Directive (EU) 2017\/1564 of the European Parliament and of the Council of 13 September 2017 on certain permitted uses of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled and amending Directive 2001\/29\/EC on the harmonisation of certain aspects of copyright and related rights in the information society (OJ L 242, 20.9.2017, pp. 6-13)<\/p>\n
Council Decision 2014\/221\/EU of 14 April 2014 on the signing, 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 (OJ L 115, 17.4.2014, p. 1-2)<\/p>\n
<\/span>Directive implementing the Marrakesh Treaty in the EU<\/span><\/h3>\nDirective (EU) 2017\/1564 on permitted uses of certain works protected by copyright for the benefit of persons who are blind, visually impaired or otherwise print-disabled<\/p>\n
It aims to set out rules on the use of certain works or other subject matter* in accessible format copies* without the authorisation of the copyright holder, for the benefit of persons who are blind, visually impaired or otherwise print-disabled in accordance with the Marrakesh Treaty.<\/p>\n
The Marrakesh Treaty<\/p>\n
The Marrakesh Treaty requires countries who sign up to it to adopt national laws encouraging books to be produced in accessible formats, such as braille, e-text, audio or large print, aimed at people who are blind, visually impaired or otherwise print-disabled. The laws should also make it easier to share these items across national boundaries without needing authorisation by the copyright holder. The treaty was signed in 2013 and was ratified by the EU on 1 October 2018. The EU became a party to the treaty on 1 January 2019.<\/p>\n
This directive allows for:<\/p>\n
a beneficiary person*, or a person acting on their behalf, to make an accessible format copy of a work or other subject matter (e.g. in braille) to which the beneficiary person has lawful access, for the use of the beneficiary person; and
\nan authorised entity* to make an accessible format copy of a work or other subject matter to which it has lawful access, or to communicate, make available, distribute or lend an accessible format copy to:
\na beneficiary person; or
\nanother authorised entity, on a non-profit basis, for the exclusive use of a beneficiary person.<\/p>\n
An authorised entity must:<\/p>\n
discourage unauthorised reproduction and distribution to the public of accessible format copies;
\nkeep records of its handling of works and accessible format copies;
\npublish information on how it complies with these obligations;
\nfollow rules on the processing of personal data of beneficiary persons;
\nprovide the following information in an accessible way, on request, to beneficiary persons, other authorised entities or copyright holders
\nthe list of works for which it has accessible format copies and the available formats and
\ncontact details of the authorised entities involved in the exchange of accessible format copies.<\/p>\n
Regulation (EU) 2017\/1563, the Regulation implementing the Marrakech Treaty in the EU, adopted at the same time as this directive, sets out the rules for how such works or other subject matter are shared between the EU and non-EU countries that are party to the treaty without needing copyright holder permission.<\/p>\n
<\/span>Application & Beneficiary<\/span><\/h3>\nIt has applied since 10 October 2017 and had to become law in the EU countries by 11 October 2018.<\/p>\n
BACKGROUND<\/p>\n
For more information, see:<\/p>\n
<\/span>Implementation of the Marrakesh Treaty in EU law (European Commission)
\nEU accedes to the Marrakesh Treaty (European External Action Service).<\/p>\nMAIN DOCUMENT<\/span><\/h3>\nDirective (EU) 2017\/1564 of the European Parliament and of the Council of 13 September 2017 on certain permitted uses of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled and amending Directive 2001\/29\/EC on the harmonisation of certain aspects of copyright and related rights in the information society (OJ L 242, 20.9.2017, pp. 6-13)<\/p>\n
RELATED DOCUMENTS<\/p>\n
Council Decision (EU) 2018\/254 of 15 February 2018 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 (OJ L 48, 21.2.2018, pp. 1-2)<\/p>\n
Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled (OJ L 48, 21.2.2018, pp. 3-11)<\/p>\n
Regulation (EU) 2017\/1563 of the European Parliament and of the Council of 13 September 2017 on the cross-border exchange between the Union and third countries of accessible format copies of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled (OJ L 242, 20.9.2017, pp. 1-5)<\/p>\n
Council Decision 2014\/221\/EU of 14 April 2014 on the signing, 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 (OJ L 115, 17.4.2014, pp. 1-2)<\/p>\n\n
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