Exploiting the Marrakesh treaty to obviate copyright-related challenges on access to information by visually impaired people in academic libraries

2020 ◽  
Vol 41 (4/5) ◽  
pp. 235-246
Author(s):  
Samuel Macharia ◽  
Japheth Otike ◽  
Emily K. Bosire
Keyword(s):  
Visually Impaired ◽  
Visual Impairments ◽  
Copyright Law ◽  
Access To Information ◽  
Negative Effects ◽  
Content Type ◽  
Depth Analysis ◽  
Access Information ◽  
Visually Impaired Persons ◽  
Marrakesh Treaty

PurposeThe purpose of this paper is to explore the copyright law in relation to access to information by persons with visual impairments. It assesses the barriers placed by the copyright law on access to information by the visually impaired persons, and then the exceptions and limitations therein with a specific focus on Marrakesh treaty. It further explores the benefits conveyed by the Marrakesh treaty in relation to the challenges. Finally, the paper makes suggestions on methods that can be employed to make the Marrakesh treaty benefit the persons with visual impairments to the fullest.Design/methodology/approachThe paper reviews the copyright law and its requirements in relation to reproduction of copyrighted works, and then narrows down to the provisions of Marrakesh treaty as an exception in the copyright law. It then reviews existing literature on the challenges caused by copyright requirements on access to information by persons with visual impairments. Having looked at these two aspects, the paper then identifies from literature the benefits that come in the Marrakesh treaty in relation to access to copyrighted information by persons with visual impairments. Authors finally give their views on what can be done to make the treaty more beneficial to the visually impaired persons.FindingsThe paper finds that a there are many challenges that persons with visual impairments face while they seek to access information that is copyrighted, and these challenges cause both direct and indirect negative effects. However, looking at the provisions of the Marrakesh treaty against these challenges, the paper identifies the benefits that come with the treaty to avert the challenges.Originality/valueThis paper does an in-depth analysis of the copyright-related challenges that persons with visual impairments face while accessing copyrighted information, and derives solutions to these challenges from the Marrakesh treaty. The paper will be helpful to the librarians to make sure that none of their users continue to suffer from those challenges in this era of the Marrakesh treaty. The methods suggested herein for reaping as much as possible from the Marrakesh treaty will be beneficial to information managers toward fashioning ways of ensuring that persons with visual impairments are able to access information freely and easily.

scholarly journals The Interface of Copyright and Human Rights: Access to Copyright Works for the Visually Impaired

2021 ◽  
Author(s):  
◽  
Lida Ayoubi
Keyword(s):  
Human Rights ◽  
Visually Impaired ◽  
Copyright Law ◽  
Blind And Visually Impaired ◽  
Copyright Laws ◽  
Limitations And Exceptions ◽  
The Right ◽  
Visually Impaired Persons ◽  
The Impact ◽  
Marrakesh Treaty

<p>Reproduction of copyright protected material in formats that are accessible to the blind and visually impaired persons constitutes a copyright infringement unless there are specific limitations and exceptions in place. Most countries do not have copyright limitations and exceptions for the benefit of the visually impaired in their copyright laws. This has contributed to the issue of book famine, meaning the unsatisfactory access to copyright protected material for the blind and visually impaired.  This thesis examines the claims of the visually impaired for improved access to copyright protected works in the context of the interface of human rights and intellectual property rights. This research demonstrates that insufficient access to copyright protected material is discriminatory against the visually impaired and negatively affects their human rights such as the right to education, information, health, employment, culture, and science. Moreover, the thesis analyses the international and domestic copyright law’s impact on the needs of the visually impaired. In analysing the international copyright law, the thesis evaluates the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities.  Highlighting the insufficient consideration for the rights of the visually impaired in domestic and international copyright laws including the Marrakesh Treaty, the thesis proposes adoption of a human rights framework for copyright law to the extent that it affects the human rights of the visually impaired. Such framework requires copyright law to accommodate those human rights of the visually impaired that are dependent on access to copyright protected material.  The thesis offers two categories of measures for creation of a human rights framework for copyright to the extent that it affects the human rights of the visually impaired. The measures include optimisation of already available options and adoption of new mechanisms. The first category discusses minimum mandatory copyright limitations and exceptions and the possibility to harmonise them. The second category covers extra measures such as clarifying the implications of different human rights and copyrights in the context of the book famine; ensuring compatibility of human rights and copyright when adopting policy and law; and, regular monitoring of the impact of copyright law on human rights.</p>

scholarly journals Access to Information

2018 ◽  
Vol 4 (4) ◽  
pp. 48
Author(s):  
Nigar Ibrahim Muhamed
Keyword(s):  
Visually Impaired ◽  
Copyright Law ◽  
Disable People ◽  
Access To Information ◽  
Kurdistan Region ◽  
Disabled People ◽  
Iraqi Kurdistan ◽  
Exceptions And Limitations ◽  
Laws And Policies ◽  
Marrakesh Treaty

The Iraqi Kurdistan Region (IKR) and the Federal Iraq law lack of exception and limitation regulation related to blind, visually impaired and printed disable people. This also applies to many countries’ Laws and policies around the globe. Some governments are facing challenges to incorporating exceptions and limitation of the copyright law into the national regulations. The purpose of this study is to present several practical methods to overcome these challenges particularly through incorporate exceptions and limitation of the copyright law into the national and regional law according to the Marrakesh Treaty. At the same time, highlight the key benefit of exceptions and limitations in the Intellectual Property and specifically Copyright law regarding blind, visually impaired and printed disable people. Considering incorporation of international standard including Marrakesh Treaty, would enhance the benefit of blind, visually impaired and printed disable people. Finally, such studies would encourage national institutes and NGOs to promote the idea of amending the laws related to the disable people. In addition, apart from its scientific and law perspective, this study is an attempt to protect the human rights through promoting the rights of disabled people.

scholarly journals The Interface of Copyright and Human Rights: Access to Copyright Works for the Visually Impaired

2021 ◽  
Author(s):  
◽  
Lida Ayoubi
Keyword(s):  
Human Rights ◽  
Visually Impaired ◽  
Copyright Law ◽  
Blind And Visually Impaired ◽  
Copyright Laws ◽  
Limitations And Exceptions ◽  
The Right ◽  
Visually Impaired Persons ◽  
The Impact ◽  
Marrakesh Treaty

<p>Reproduction of copyright protected material in formats that are accessible to the blind and visually impaired persons constitutes a copyright infringement unless there are specific limitations and exceptions in place. Most countries do not have copyright limitations and exceptions for the benefit of the visually impaired in their copyright laws. This has contributed to the issue of book famine, meaning the unsatisfactory access to copyright protected material for the blind and visually impaired. This thesis examines the claims of the visually impaired for improved access to copyright protected works in the context of the interface of human rights and intellectual property rights. This research demonstrates that insufficient access to copyright protected material is discriminatory against the visually impaired and negatively affects their human rights such as the right to education, information, health, employment, culture, and science. Moreover, the thesis analyses the international and domestic copyright law’s impact on the needs of the visually impaired. In analysing the international copyright law, the thesis evaluates the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities. Highlighting the insufficient consideration for the rights of the visually impaired in domestic and international copyright laws including the Marrakesh Treaty, the thesis proposes adoption of a human rights framework for copyright law to the extent that it affects the human rights of the visually impaired. Such framework requires copyright law to accommodate those human rights of the visually impaired that are dependent on access to copyright protected material. The thesis offers two categories of measures for creation of a human rights framework for copyright to the extent that it affects the human rights of the visually impaired. The measures include optimisation of already available options and adoption of new mechanisms. The first category discusses minimum mandatory copyright limitations and exceptions and the possibility to harmonise them. The second category covers extra measures such as clarifying the implications of different human rights and copyrights in the context of the book famine; ensuring compatibility of human rights and copyright when adopting policy and law; and, regular monitoring of the impact of copyright law on human rights.</p>

scholarly journals The Interface of Copyright and Human Rights: Access to Copyright Works for the Visually Impaired

2021 ◽  
Author(s):  
◽  
Lida Ayoubi
Keyword(s):  
Human Rights ◽  
Visually Impaired ◽  
Copyright Law ◽  
Blind And Visually Impaired ◽  
Copyright Laws ◽  
Limitations And Exceptions ◽  
The Right ◽  
Visually Impaired Persons ◽  
The Impact ◽  
Marrakesh Treaty

<p>Reproduction of copyright protected material in formats that are accessible to the blind and visually impaired persons constitutes a copyright infringement unless there are specific limitations and exceptions in place. Most countries do not have copyright limitations and exceptions for the benefit of the visually impaired in their copyright laws. This has contributed to the issue of book famine, meaning the unsatisfactory access to copyright protected material for the blind and visually impaired. This thesis examines the claims of the visually impaired for improved access to copyright protected works in the context of the interface of human rights and intellectual property rights. This research demonstrates that insufficient access to copyright protected material is discriminatory against the visually impaired and negatively affects their human rights such as the right to education, information, health, employment, culture, and science. Moreover, the thesis analyses the international and domestic copyright law’s impact on the needs of the visually impaired. In analysing the international copyright law, the thesis evaluates the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities. Highlighting the insufficient consideration for the rights of the visually impaired in domestic and international copyright laws including the Marrakesh Treaty, the thesis proposes adoption of a human rights framework for copyright law to the extent that it affects the human rights of the visually impaired. Such framework requires copyright law to accommodate those human rights of the visually impaired that are dependent on access to copyright protected material. The thesis offers two categories of measures for creation of a human rights framework for copyright to the extent that it affects the human rights of the visually impaired. The measures include optimisation of already available options and adoption of new mechanisms. The first category discusses minimum mandatory copyright limitations and exceptions and the possibility to harmonise them. The second category covers extra measures such as clarifying the implications of different human rights and copyrights in the context of the book famine; ensuring compatibility of human rights and copyright when adopting policy and law; and, regular monitoring of the impact of copyright law on human rights.</p>

scholarly journals The Interface of Copyright and Human Rights: Access to Copyright Works for the Visually Impaired

2021 ◽  
Author(s):  
◽  
Lida Ayoubi
Keyword(s):  
Human Rights ◽  
Visually Impaired ◽  
Copyright Law ◽  
Blind And Visually Impaired ◽  
Copyright Laws ◽  
Limitations And Exceptions ◽  
The Right ◽  
Visually Impaired Persons ◽  
The Impact ◽  
Marrakesh Treaty

<p>Reproduction of copyright protected material in formats that are accessible to the blind and visually impaired persons constitutes a copyright infringement unless there are specific limitations and exceptions in place. Most countries do not have copyright limitations and exceptions for the benefit of the visually impaired in their copyright laws. This has contributed to the issue of book famine, meaning the unsatisfactory access to copyright protected material for the blind and visually impaired. This thesis examines the claims of the visually impaired for improved access to copyright protected works in the context of the interface of human rights and intellectual property rights. This research demonstrates that insufficient access to copyright protected material is discriminatory against the visually impaired and negatively affects their human rights such as the right to education, information, health, employment, culture, and science. Moreover, the thesis analyses the international and domestic copyright law’s impact on the needs of the visually impaired. In analysing the international copyright law, the thesis evaluates the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities. Highlighting the insufficient consideration for the rights of the visually impaired in domestic and international copyright laws including the Marrakesh Treaty, the thesis proposes adoption of a human rights framework for copyright law to the extent that it affects the human rights of the visually impaired. Such framework requires copyright law to accommodate those human rights of the visually impaired that are dependent on access to copyright protected material. The thesis offers two categories of measures for creation of a human rights framework for copyright to the extent that it affects the human rights of the visually impaired. The measures include optimisation of already available options and adoption of new mechanisms. The first category discusses minimum mandatory copyright limitations and exceptions and the possibility to harmonise them. The second category covers extra measures such as clarifying the implications of different human rights and copyrights in the context of the book famine; ensuring compatibility of human rights and copyright when adopting policy and law; and, regular monitoring of the impact of copyright law on human rights.</p>

scholarly journals The Interface of Copyright and Human Rights: Access to Copyright Works for the Visually Impaired

2021 ◽  
Author(s):  
◽  
Lida Ayoubi
Keyword(s):  
Human Rights ◽  
Visually Impaired ◽  
Copyright Law ◽  
Blind And Visually Impaired ◽  
Copyright Laws ◽  
Limitations And Exceptions ◽  
The Right ◽  
Visually Impaired Persons ◽  
The Impact ◽  
Marrakesh Treaty

<p>Reproduction of copyright protected material in formats that are accessible to the blind and visually impaired persons constitutes a copyright infringement unless there are specific limitations and exceptions in place. Most countries do not have copyright limitations and exceptions for the benefit of the visually impaired in their copyright laws. This has contributed to the issue of book famine, meaning the unsatisfactory access to copyright protected material for the blind and visually impaired. This thesis examines the claims of the visually impaired for improved access to copyright protected works in the context of the interface of human rights and intellectual property rights. This research demonstrates that insufficient access to copyright protected material is discriminatory against the visually impaired and negatively affects their human rights such as the right to education, information, health, employment, culture, and science. Moreover, the thesis analyses the international and domestic copyright law’s impact on the needs of the visually impaired. In analysing the international copyright law, the thesis evaluates the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities. Highlighting the insufficient consideration for the rights of the visually impaired in domestic and international copyright laws including the Marrakesh Treaty, the thesis proposes adoption of a human rights framework for copyright law to the extent that it affects the human rights of the visually impaired. Such framework requires copyright law to accommodate those human rights of the visually impaired that are dependent on access to copyright protected material. The thesis offers two categories of measures for creation of a human rights framework for copyright to the extent that it affects the human rights of the visually impaired. The measures include optimisation of already available options and adoption of new mechanisms. The first category discusses minimum mandatory copyright limitations and exceptions and the possibility to harmonise them. The second category covers extra measures such as clarifying the implications of different human rights and copyrights in the context of the book famine; ensuring compatibility of human rights and copyright when adopting policy and law; and, regular monitoring of the impact of copyright law on human rights.</p>

scholarly journals The Interface of Copyright and Human Rights: Access to Copyright Works for the Visually Impaired

2021 ◽  
Author(s):  
◽  
Lida Ayoubi
Keyword(s):  
Human Rights ◽  
Visually Impaired ◽  
Copyright Law ◽  
Blind And Visually Impaired ◽  
Copyright Laws ◽  
Limitations And Exceptions ◽  
The Right ◽  
Visually Impaired Persons ◽  
The Impact ◽  
Marrakesh Treaty

<p>Reproduction of copyright protected material in formats that are accessible to the blind and visually impaired persons constitutes a copyright infringement unless there are specific limitations and exceptions in place. Most countries do not have copyright limitations and exceptions for the benefit of the visually impaired in their copyright laws. This has contributed to the issue of book famine, meaning the unsatisfactory access to copyright protected material for the blind and visually impaired.  This thesis examines the claims of the visually impaired for improved access to copyright protected works in the context of the interface of human rights and intellectual property rights. This research demonstrates that insufficient access to copyright protected material is discriminatory against the visually impaired and negatively affects their human rights such as the right to education, information, health, employment, culture, and science. Moreover, the thesis analyses the international and domestic copyright law’s impact on the needs of the visually impaired. In analysing the international copyright law, the thesis evaluates the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities.  Highlighting the insufficient consideration for the rights of the visually impaired in domestic and international copyright laws including the Marrakesh Treaty, the thesis proposes adoption of a human rights framework for copyright law to the extent that it affects the human rights of the visually impaired. Such framework requires copyright law to accommodate those human rights of the visually impaired that are dependent on access to copyright protected material.  The thesis offers two categories of measures for creation of a human rights framework for copyright to the extent that it affects the human rights of the visually impaired. The measures include optimisation of already available options and adoption of new mechanisms. The first category discusses minimum mandatory copyright limitations and exceptions and the possibility to harmonise them. The second category covers extra measures such as clarifying the implications of different human rights and copyrights in the context of the book famine; ensuring compatibility of human rights and copyright when adopting policy and law; and, regular monitoring of the impact of copyright law on human rights.</p>

scholarly journals The Marrakesh Treaty For Visually Impaired Persons: Why A Treaty Was Preferable To Soft Law

2015 ◽  
Vol 75 (3) ◽  
Author(s):  
Margot E. Kaminski ◽  
Shlomit Yanisky-Ravid
Keyword(s):  
Visually Impaired ◽  
Copyright Law ◽  
World Intellectual Property Organization ◽  
Soft Law ◽  
International Treaty ◽  
Hard Law ◽  
Visually Impaired People ◽  
Access Rights ◽  
Visually Impaired Persons ◽  
Marrakesh Treaty

This paper addresses the debates leading up to the recently adopted international treaty on copyright exceptions for the visually impaired, the Marrakesh International Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled. This treaty was successfully adopted by the World Intellectual Property Organization (WIPO) in June 2013. Leading up to the negotiation of this instrument, multiple UN member states pushed for the instrument to be negotiated as soft law instead of a treaty. We argue that making this instrument soft law would have precluded its success. WIPO thus correctly chose to make this international instrument a treaty rather than a joint recommendation. This paper explains the international need for this instrument, to solve a global “book famine” and protect the access rights of visually impaired people. It then outlines the debate that occurred leading up to adoption over whether the instrument should be hard law or soft law. This debate illuminates that discussions of hard versus soft law need to be situated in context. We explore both related human rights law and other international copyright law to explain how they altered the hard law-soft law calculation in this case.The concluded treaty reflects WIPO’s recognition of related copyright law that had been established in other forums. By creating a binding instrument, WIPO has encouraged developing countries to implement the new treaty, towards the goal of assisting those visually impaired persons most in need of an international solution. 

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