Follow-Up: Copyright Issues at Internet Archive—The Marrakesh Treaty

Stack of many booksIf you have read my posts about my experience eliciting a response from the Internet Archive, which scans and posts books on their free website without notifying authors or asking permission, you may have also read the comments on the latest post.

There, you’ll learn what I learned from Kevin, a reader from newauthoronline.com.

He  introduced me to the Marrakesh Treaty, implemented in 2016. This treaty, which the U.S. has joined, allows authorized non-profit sites to post—without permission—works for “blind and print-disabled” persons.

Here is an overview article Kevin linked to, which contains a link to the Marrakesh Treaty itself as well as a useful discussion of access issues for the print-disabled. From the article:

Marrakesh Treaty: A roadmap for equality

On July 18, 2016, American musician Stevie Wonder welcomed the entry into force of the Marrakesh Treaty with powerful words. “A treaty that promises to end the global book famine… A pact,” he said, “that means that the millions of people in the world who are blind or visually impaired will be able to read books in accessible formats in various regions where they did not previously have access, regardless of their financial means.”

To address this challenge, the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, was adopted in 2013 under the auspices of the World Intellectual Property Organization (WIPO), and entered into force in 2016. The treaty was conceived to foster and ease the production and transfer of accessible books, including across national boundaries. To achieve these goals, it established a set of limitations and exceptions to copyright, mandatory for ratifying countries, for the benefit of the blind, visually impaired and otherwise print disabled. So far, 91 countries have signed the treaty and 33 of them have ratified it.

Here is relevant text from the treaty;

[Article 4.]2. A Contracting Party may fulfill Article 4(1) for all rights identified therein by providing a limitation or exception in its national copyright law such that:

(a) Authorized entities shall be permitted, without the authorization of the copyright rightholder, to make an accessible format copy of a work, obtain from another authorized entity an accessible format copy, and supply those copies to beneficiary persons by any means, including by non-commercial lending or by electronic communication by wire or wireless means, and undertake any intermediate steps to achieve those objectives, when all of the following conditions are met:

(i)  the authorized entity wishing to undertake said activity has lawful access to that work or a copy of that work;

(ii) the work is converted to an accessible format copy, which may include any means needed to navigate information in the accessible format, but does not introduce changes other than those needed to make the work accessible to the beneficiary person;

(iii) such accessible format copies are supplied exclusively to be used by beneficiary persons;  and

(iv) the activity is undertaken on a non-profit basis;

An operative term here is “lawful access.” I have written WIPO to ask for a definition.

Remaining questions:

  • Is the Internet Archive an Authorized Entity?
  • How does it ensure that people using free services under this treaty are eligible beneficiaries?

Kevin’s comments also include some enlightening information about accessibility software and process for blind and print-disabled people.

I have not found this information about the Marrakesh Treaty widely shared in the writing-blog community, probably because the treaty was just implemented in 2016. I hope this will prove a useful post for my writing colleagues. The information certainly was news to me.

 

6 Comments

Filed under business of writing, Copyright, novels, Publishing, Writing

6 responses to “Follow-Up: Copyright Issues at Internet Archive—The Marrakesh Treaty

  1. Good to know. Most professional publishing contracts (certainly the ones I sign) include a royalty-free clause for braille editions, which I presume provides the conceptual precedent that this treaty levers from.

    Liked by 1 person

  2. Pingback: Copyright Infringement Issues: Internet Archive Still at It | Just Can't Help Writing

  3. Good luck in your search for clarification from WIPO and thank you for mentioning me and linking to my blog. Kind regards, Kevin

    Liked by 1 person

  4. Pingback: Accessibility to print for visually-impaired persons–The Marrakesh Treaty | College Composition Weekly: Summaries of research for college writing professionals

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