U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

59–118 

" ! SENATE 

114TH CONGRESS

2d Session 

TREATY DOC. 

2016

114–6 

MARRAKESH TREATY TO FACILITATE ACCESS TO 

PUBLISHED WORKS FOR PERSONS WHO ARE 

BLIND, VISUALLY IMPAIRED, OR OTHERWISE PRINT 

DISABLED 

MESSAGE 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

THE MARRAKESH TREATY TO FACILITATE ACCESS TO PUBLISHED 

WORKS FOR PERSONS WHO ARE BLIND, VISUALLY IMPAIRED, 

OR OTHERWISE PRINT DISABLED, DONE AT MARRAKESH ON 

JUNE 27, 2013 (MARRAKESH TREATY) 

FEBRUARY 10, 2016.—Treaty was read the first time, and together with 

the accompanying papers, referred to the Committee on Foreign Relations and ordered to be printed for the use of the Senate 


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LETTER OF TRANSMITTAL 

THE WHITE HOUSE, February 10, 2016. 

To the Senate of the United States: 

With a view to receiving the advice and consent of the Senate to 

ratification, I transmit herewith the Marrakesh Treaty to Facilitate 

Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled, done at Marrakesh on June 

27, 2013 (Marrakesh Treaty). I also transmit, for the information 

of the Senate, a report of the Secretary of State with respect to the 

Marrakesh Treaty that includes a summary of its provisions. 

This copyright treaty, concluded under the auspices of the World 

Intellectual Property Organization (WIPO), advances the national 

interest of the United States in promoting the protection and enjoyment of creative works. The Marrakesh Treaty lays a foundation, 

in a manner consistent with existing international copyright standards, for further opening up a world of knowledge for persons with 

print disabilities by improving their access to published works. 

The United States played a leadership role in the negotiation of 

the treaty, and its provisions are broadly consistent with the approach and structure of existing U.S. law. Narrow changes in U.S. 

law will be needed for the United States to implement certain provisions of the treaty. Proposed legislation is being submitted to 

both houses of the Congress in conjunction with this transmittal. 

I recommend that the Senate give early and favorable consideration to the Marrakesh Treaty, and give its advice and consent to 

its ratification. 

BARACK OBAMA. 


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LETTER OF SUBMITTAL 

DEPARTMENT OF STATE, Washington, January 22, 2016. 

The PRESIDENT, The White House. 

THE PRESIDENT: I have the honor to submit to you, with a view 

to its transmittal to the Senate for advice and consent to ratification, the Marrakesh Treaty to Facilitate Access to Published Works 

for Persons Who Are Blind, Visually Impaired, or Otherwise Print 

Disabled, done at Marrakesh June 27, 2013 (Marrakesh Treaty). 

The United States played a leadership role in the development of 

the Treaty, which was negotiated under the auspices of the World 

Intellectual Property Organization (WIPO). Joining the Marrakesh 

Treaty will promote the development of appropriate international 

rules in the realm of intellectual property and make a positive tangible difference in the lives of ordinary Americans and other individuals who are visually impaired or have other print disabilities. 

A brief summary of the treaty follows below. A detailed overview 

of the treaty, with an article-by-article summary, is enclosed. 

The purpose of the Marrakesh Treaty is to reduce the global 

shortage of print materials in special accessible formats for the 

many millions of Americans and others throughout the world who 

are blind, visually impaired or have other print disabilities, such 

as physical limitations that prevent holding a book. At present, according to WIPO, only a small percentage of the more than one million books published worldwide every year are available in Braille, 

large print, or accessible digital files, resulting in diminished access 

to information, culture and education for persons with print disabilities. The Marrakesh Treaty addresses this gap by providing, 

with appropriate safeguards, that copyright restrictions should not 

impede the creation and distribution of such special format copies, 

and by fostering the exchange of such copies internationally. 

Initiatives to combat what has been widely called the ‘‘book famine’’ affecting individuals with print disabilities began to draw 

widespread international interest and support at WIPO in the mid2000s, spurred in particular by stakeholder organizations and a 

group of Latin American countries. In connection with the ongoing 

discussions, the U.S. Patent and Trademark Office and the U.S. 

Copyright Office organized public forums and expert meetings on 

the subject, leading the United States to develop and introduce its 

own proposal at WIPO in 2010. Additional proposals were offered 

by a group of African countries and the European Union (EU). 

Working closely with Brazil, Nigeria, the EU, and others, the 

United States helped lead the negotiations to reconcile the differences in the various proposals and ensure that the resulting 


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treaty on exceptions and limitations for the blind and visually impaired would be consistent with the existing international copyright framework. The Treaty was adopted at a diplomatic conference in Marrakesh, Morocco, June 27, 2013. 

The Marrakesh Treaty includes two core elements designed to 

promote access to published works for persons with print disabilities. First, it requires every Treaty party to provide an exception 

or limitation in its national copyright law to copyright holders’ exclusive rights of reproduction, distribution, and making available 

published works to the public, in order to facilitate the availability 

of books and other printed materials in accessible formats. Second, 

the Treaty requires that parties allow ‘‘authorized entities’’ (for example, libraries, or organizations devoted to assisting the visually 

impaired) to distribute such ‘‘accessible format copies’’ to other authorized entities and to ‘‘beneficiary persons’’ (individuals who meet 

defined criteria for visual or other reading-related impairments) in 

other countries that are party to the Treaty. 

These provisions to promote access for individuals with print disabilities are paired with safeguards to assure the interests of those 

holding copyright in the disseminated works. The Treaty keeps the 

scope of the required exception or limitation within the parameters 

set by existing international copyright agreements; specifies areas 

regarding the handling and distribution of accessible format copies 

in which authorized entities in Treaty parties establish and follow 

their own practices; limits distribution of accessible format copies 

to within a party’s territory in certain circumstances; and emphasizes that such copies are for the exclusive use of beneficiary persons. 

The provisions of the Marrakesh Treaty are generally compatible 

with existing U.S. law. Narrow statutory changes for the United 

States to implement the Marrakesh Treaty are described in the 

separate proposed legislation that the Administration is submitting 

to the Senate and to the House of Representatives in conjunction 

with this Treaty. The Marrakesh Treaty is non-self-executing. 

Since the enactment in 1996 of the Chafee Amendment to the 

U.S. Copyright Act, 17 U.S.C. § 121, print-disabled individuals’ access to printed materials in the United States has flourished. Incorporating this framework into the Marrakesh Treaty helps foster 

cross-border exchange that can further address the global ‘‘book 

famine,’’ without compromising standards for intellectual property 

protection. If the United States joins the Treaty, implementation by 

the United States and other parties should result in more English 

and foreign-language works becoming available to individuals with 

print disabilities in the United States, and more U.S.-origin works 

becoming available to such persons in other countries. 

In view of the foregoing, I recommend that the Marrakesh Treaty 

to Facilitate Access to Published Works for Persons Who Are Blind, 

Visually Impaired, or Otherwise Print Disabled be transmitted to 

the Senate as soon as possible for its advice and consent to ratification. 

Respectfully submitted. 

JOHN F. KERRY. 

Enclosures: As stated. 


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