1. Francisco J. MartinezCalvo
National Organization
of Spanish Blind
Persons
Francois Hendrikz
Director: South African
Library for the Blind

2. 
It was and is a twofold problem – lack of
legal provisions for:
Local production and distribution of books in
accessible formats.
 Cross-border distribution of books in accessible
formats to institutions and individuals.


An international binding instrument, i.e. a
World Intellectual Property Organization
(WIPO) Treaty for the Visually Impaired.
LIASA CONFERENCE 2013 – CAPE TOWN

3. World
Intellectual
Property
Organisation
(WIPO)
Marrakesh
Treaty
International
Publishers and
related
organisations
World Blind
Union &
Community
LIASA CONFERENCE 2013 – CAPE TOWN

4. 



Books in accessible format are difficult and
expensive to produce.
First-world institutions can only produce 5-7%
of all published books. Less developed countries
between 0 and 1%.
Accessible books in the same language are
produced as many times as countries where that
language is spoken.
Cross-border distribution reduces doubleproduction and makes books available to nonproducing countries.
LIASA CONFERENCE 2013 – CAPE TOWN

5. “First they ignore you,
then they laugh at you,
then they fight you,
then you win.”
(Mahatma Gandhi)



Started in 1981 – WIPO/UNESCO Working
Group
An Agenda item since 2004 of the Standing
Committee on Copyright and Related Matters
(SCCR) of WIPO
2009 – Draft Treaty presented to Standing
Committee on Copyright and Related Rights
(SCCR-18) for consideration.
 Brazil, Ecuador and Paraguay

6. 


Adopted in Marrakesh Morocco) on June
28th, 2013.
It is the treaty that the World Blind
Union and its partners wanted.
4 big threats addressed:
Commercial availability.
 Cross-border distribution to beneficiaries.
 TPMs (Technical Protection Measures).
 “Voluntary registry”.

LIASA CONFERENCE 2013 – CAPE TOWN

7. 
WORKS – Any publicly available literary or artistic
work in text, notation, illustration, and audiobooks.
Not films.

ADAPTATION – Perform all changes necessary to
make it accessible.

AUTHORISED ENTITIES
 Provides services to VIPs on a non-profit basis
 Organisations providing those services as “one of
their primary activities or obligations”.

BENEFICIARIES – persons who are blind, visual
impaired, with a perceptual, reading, or physical
disability that makes reading print impossible or
someone acting on their behalf.
LIASA CONFERENCE 2013 – CAPE TOWN

8. 
Signatory countries need to provide (if
not in place already) an exception to
allow production and distribution of
books in accessible formats at national
level.

Books can be distributed by any means,
including online distribution.

Exception can be expanded and
narrowed – commercial availability.
LIASA CONFERENCE 2013 – CAPE TOWN

9. 
Works produced in a lawful manner can
be sent to other Contracting Parties –
To authorized entities
 To beneficiaries


Check that the person receiving the book
is a beneficiary.

Authorized entities and beneficiaries can
import accessible books if they have a
domestic exception in place.
LIASA CONFERENCE 2013 – CAPE TOWN

10. 
Technical Protection Measures (TPM)
cannot harm the purpose of the treaty.

It does not say how – it does not
authorize circumvention, but it does not
prohibit it either...

TMPs applied by authorized entities can
still be applied when necessary.
LIASA CONFERENCE 2013 – CAPE TOWN

11. 
Guidelines to Contracting Parties to help
and promote cross-border distribution:
Information access point at WIPO’s
International Bureau
 Assist authorized entities in sharing
information
 Making information about authorized
entities’ policies and practices available

LIASA CONFERENCE 2013 – CAPE TOWN

12. 

Protection of beneficiaries’ privacy (their
disability and what they read).
Any country can become a Contracting Party
regardless of its legal tradition. It does not clash
with any other international treaty or norm.
LIASA CONFERENCE 2013 – CAPE TOWN

13. 


51 countries signed in Marrakesh.
1 year for signature by WIPO member countries
(June 28th, 2014).
20 ratifications required to enter Treaty into force.
LIASA CONFERENCE 2013 – CAPE TOWN

14. 
Issue an official LIASA statement/position paper

Lobby Government to sign/ratify the Treaty

Partner with other organisations (SA National Council for the Blind
Coalition; National Council for Library & Information Services;
Universities; Non-Governmental Organisations, etc.)

Engage: Departments of Trade & Industry; Women, Children & People
with Disabilities; Basic Education; Higher Education; Arts & Culture)

Call for the Treaty to be signed into national Copyright law and
assist/participate in the process.

Encourage libraries to become authorized entities and implement
services

Be realistic - it is not a quick process

15. T
H
A
N
K
director@salb.org.za
Y
O
U

16. 
Full text of Treaty

http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=245323

Treaty explained

http://www.worldblindunion.org/English/news/Pages/The-Treaty-of-Marrak