CELEX: 52013PC0926
Language: en
Date: 2013-12-20
Title: Proposal for a COUNCIL DECISION 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

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		52013PC0926
		
			Proposal for a COUNCIL DECISION 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 /* COM/2013/0926 final - 2013/0444 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
People who are blind, visually impaired or
otherwise print disabled must have equal access to books and printed material in
order to fully and effectively participate in society. The World Health Organisation
estimates that 285 million people worldwide are visually impaired: 39 million
are blind and 246 million have low vision.[1]
The World Blind Union reports that in Europe only 5% of published books are
available in an accessible format for visually impaired persons, while in
developing countries – where approximately 90% of visually impaired people live
– this rate is as low as 1%.[2]

Accessible format copies of books are now usually
produced and distributed at national level, by specialised entities, for example
libraries for the blind, either under licences or under limitations or
exceptions to copyright. However, the lack of an international legal framework
allowing for the cross-border exchange of accessible formats produced under a
limitation or exception leads to a duplication of effort in the making of such
copies, even across countries sharing the same language. This constitutes a
problem because of the costs of producing accessible format copies and the
limited resources available to the entities serving the blind.
Since January 2011 the European Union has
been bound by the United Nations Convention on the Rights of Persons with
Disabilities which enshrines the right of access to information (Article 21)
and the right of persons with disabilities to participate in cultural life on
an equal basis with others (Article 30). The Convention has become an integral
part of the EU legal order. 25 Member States are parties to the Convention and
three countries are finalising the ratification.
In 2009 negotiations started in the World
Intellectual Property Organisation (WIPO) on a possible international treaty introducing
limitations and exceptions to copyright for the benefit of persons who are
blind, visually impaired or otherwise print disabled, with the objective of
facilitating the cross-border exchange of accessible format copies. 
On 26 November 2012 the Council adopted a
Decision authorising the Commission to participate in these negotiations, on
behalf of the European Union.[3]
The negotiations in WIPO were successfully concluded at the Diplomatic
Conference held in Marrakesh from 17 to 28 June 2013, leading to the adoption
of the Marrakesh Treaty to Facilitate Access to Published Works for Persons who
are Blind, Visually Impaired, or otherwise Print Disabled  (hereinafter ‘the
Treaty’) on 27 June 2013.
The Treaty establishes a set of international
rules which ensure that there are limitations or exceptions to copyright at
national level for the benefit of persons who are blind, visually impaired, or
otherwise print disabled and enable the cross-border exchange of accessible
format copies of published works that have been made under an exception or
limitation to copyright in any of the Contracting Parties to the Treaty. 
With this proposal for a Council Decision,
the Commission seeks authorisation from the Council to sign the Treaty, on
behalf of the European Union, subject to its conclusion at a later date.
2.           LEGAL ELEMENTS OF THE
PROPOSAL
The beneficiaries of the Treaty are persons
who are blind, have a visual impairment or a perceptual or reading disability,
or are otherwise unable, through physical disability, to hold or manipulate a
book or focus or move eyes to the extent that would be normally acceptable for
reading. 
The Treaty obliges every Contracting Party
to provide, in their national copyright laws, for a limitation or exception to
the right of reproduction, the right of distribution and the right of making
available to the public in order to facilitate the availability of works in
accessible format copies for such beneficiaries.[4]
Contracting Parties may decide to limit such limitations or exceptions to cases
where the accessible format copies are not commercially available under
reasonable terms for the beneficiaries in their territory. In the EU, Article
5(3)(b) of Directive 2001/29/EC on the harmonisation of certain aspects of
copyright and related rights in the information society[5] already provides for an
optional exception or limitation to these rights as regards uses, for the
benefit of people with any disability, which are directly related to the
disability and are of a non-commercial nature, to the extent required by the
specific disability. Unlike the Treaty, Article 5(3)(b) of Directive 2001/29/EC
 is not limited to any particular disability. In addition, Member States are
free to choose whether they implement this limitation or exception. However, it
is now settled case law that any discretion which Member States enjoy when they
make use of any of the exceptions or limitations under Article 5 of Directive
2001/29/EC must be exercised within the limits imposed by EU law.[6]
The Treaty defines ‘works’ as literary and
artistic works within the meaning of Article 2(1) of the Berne Convention for
the Protection of Literary and Artistic Works (hereinafter ‘the Berne
Convention’), in the form of text, notation and/or related illustrations,
whether published or otherwise made publicly available in any media. It also
specifies that the definition covers audiobooks.
An ‘accessible format copy’ is a copy in an
alternative manner and form compared to the format in which the work has been
published and that it gives beneficiaries access to the work as comfortably as
sighted persons could access it. The accessible format copy must be used
exclusively by beneficiaries and it must respect the integrity of the original
work.
Accessible format copies made under a
limitation or exception to copyright may be exported by ‘authorised entities’
defined as government institutions or other organisations that provide education,
instructional training, adaptive reading or information access to blind,
visually impaired, or otherwise print disabled persons on a non-profit basis.
These entities must ensure that they only distribute accessible formats to
beneficiaries, that they discourage the reproduction, distribution and making
available of unauthorised copies and that they maintain due care in, and
records of, their handling of the copies.
Contracting Parties may only allow the
exportation of accessible format copies, if they ensure that their limitations or
exceptions to the rights of reproduction, distribution and making available to
the public are subject to the ‘three-step test’ requirement either via being a
party to the WIPO Copyright Treaty (WCT) or by ensuring otherwise that the
relevant limitations or exceptions are limited to certain special cases which
do not conflict with the normal exploitation of the work and do not
unreasonably prejudice the legitimate interests of the right holder.
The Treaty clarifies that to the extent a
Contracting Party permits a beneficiary person or an authorised entity to make
an accessible format copy of a work, it should also permit the importation of
such copies. 
Contracting Parties are obliged to take
appropriate measures, if necessary, to ensure that
when they provide adequate legal protection and effective legal remedies
against the circumvention of effective technological measures, this legal
protection does not prevent the beneficiaries from enjoying the limitations and
exceptions provided for in the Treaty. An equivalent obligation is already
established in the EU under Article 6(4) of Directive 2001/29/EC. 
The Treaty also requires Contracting
Parties to protect the privacy of beneficiary persons and to cooperate in order
to facilitate the cross-border exchange of accessible format copies. WIPO will
establish an information access point to assist authorised entities in
identifying one another. Moreover, the Treaty encourages authorised entities to
provide information on their policies and practices to interested parties and
to members of the public.
The Treaty confirms that Contracting
Parties are free to determine the appropriate method of implementing the Treaty
within their own legal system and practice. However, they must comply with
existing international obligations under the Berne Convention, the Agreement on Trade-Related Aspects of Intellectual
Property Rights and the WCT. The Treaty recognises the possibility of the
Contracting Parties to maintain or implement other limitations and exceptions,
outside the scope of the Treaty, for the benefit of beneficiary persons and
persons with other disabilities.
Articles 13 to 22 contain administrative
and procedural provisions that are very similar to those in the Beijing Treaty
on Audiovisual Performances adopted on 24 June 2012. The Treaty will enter into
force once twenty Contracting Parties have ratified it.
The European Union may become party to the
Treaty having made the declaration during the Marrakesh Diplomatic Conference,
that it is competent in respect of, and has its own legislation binding on all
its Member States on matters covered by this Treaty and that it has been duly
authorised, in accordance with its internal procedures, to become party to the
Treaty. The European Union also signed the final act of the Diplomatic
Conference on 28 June 2013. The Treaty is open for signature by any eligible
party for one year after its adoption. 
The Commission is satisfied with the
results of the negotiations and requests the Council to authorise the
signature, 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. 
Considering the subject matter of the
Treaty, the decision of the Council should be based on Articles 114 and 207, as
well as on Article 218(5) of the Treaty on the Functioning of the European
Union.
2013/0444 (NLE)
Proposal for a
COUNCIL DECISION
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
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Articles 114 and 207 in
conjunction with Article 218(5) thereof,
Having regard to the proposal from the
European Commission,
Whereas:
(1)       Since 22 January 2011 the
European Union has been bound by the United Nations Convention on the Rights of
Persons with Disabilities; its provisions have become an integral part of the
European Union legal order.[7]
(2)       On 26 November 2012 the
Council authorised the Commission to negotiate, on behalf of the European
Union, an international agreement within the World Intellectual Property
Organisation on improved access to books for print impaired persons.
(3)       The negotiations were
successfully concluded at the Diplomatic Conference held in Marrakesh from 17
to 28 June 2013 and the Marrakesh Treaty to Facilitate Access to Published Works
for Persons who are Blind, Visually Impaired, or otherwise Print Disabled
(hereinafter referred to as ‘the Treaty’) was adopted on 27 June 2013.
(4)       The Treaty establishes a
set of international rules which ensure that there are limitations or
exceptions to copyright at national level for the benefit of persons who are
blind, visually impaired, or otherwise print disabled and enable the
cross-border exchange of accessible format copies of published works that have
been made under limitations and exceptions to copyright.
(5)       The Treaty shall be open
for signature by any eligible party for one year after its adoption. It should
be signed on behalf of the European Union, subject to its conclusion at a later
date,
HAS ADOPTED THIS DECISION: 
Article 1
The signing of the Marrakesh Treaty to
Facilitate Access to Published Works for Persons who are Blind, Visually
Impaired, or otherwise Print Disabled on behalf of the Union is hereby
approved, subject to the conclusion of the said Treaty at a later date.
Article 2
The Council Secretariat General shall
establish the instrument of full powers to sign the Treaty, subject to its
conclusion, for the person(s) indicated by the European Commission.
Article 3
This Decision shall enter into force on the
day of its adoption.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               Fact sheet No. 282, June 2012; http://www.who.int 
[2]               http://www.worldblindunion.org

[3]               Council Decision on the participation of the European
Union in negotiations for an international agreement within the World
Intellectual Property Organisation on improved access to books for print
impaired persons; 16259/12 EU RESTRICTED
[4]               Contracting Parties may also provide for a limitation
or exception to the right of public performance and, according to the attached
agreed statement, to the right of translation to the extent allowed by the
Berne Convention.
[5]               OJ L 167, 22.6.2001, pp.
10–19.
[6]               See e.g. case C-145/ Eva Maria Painer, paragraph104. 
[7]               Council Decision 2010/48/EC of 26 November 2009
concerning the conclusion, by the European Community, of the United Nations Convention
on the Rights of Persons with Disabilities. OJ L 23, 27.1.2010, pp. 35-61.
ANNEX
to the proposal for a
COUNCIL DECISION
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
MARRAKESH TREATY TO
FACILITATE ACCESS TO PUBLISHED WORKS FOR PERSONS WHO ARE BLIND, VISUALLY
IMPAIRED, OR OTHERWISE PRINT DISABLED
Preamble
The Contracting Parties,
Recalling
the principles of non-discrimination, equal opportunity, accessibility and full
and effective participation and inclusion in society, proclaimed in the
Universal Declaration of Human Rights and the United Nations Convention on the
Rights of Persons with Disabilities, 
Mindful of
the challenges that are prejudicial to the complete development of persons with
visual impairments or with other print disabilities, which limit their freedom
of expression, including the freedom to seek, receive and impart information
and ideas of all kinds on an equal basis with others, including through all
forms of communication of their choice, their enjoyment of the right to
education, and the opportunity to conduct research,
Emphasizing
the importance of copyright protection as an incentive and reward for literary
and artistic creations and of enhancing opportunities for everyone, including
persons with visual impairments or with other print disabilities, to
participate in the cultural life of the community, to enjoy the arts and to
share scientific progress and its benefits, 
Aware of the
barriers of persons with visual impairments or with other print disabilities to
access published works in achieving equal opportunities in society, and the
need to both expand the number of works in accessible formats and to improve
the circulation of such works,
Taking into account that the majority of persons with visual impairments or with other
print disabilities live in developing and least-developed countries, 
Recognizing
that, despite the differences in national copyright laws, the positive impact
of new information and communication technologies on the lives of persons with
visual impairments or with other print disabilities may be reinforced by an
enhanced legal framework at the international level,
Recognizing
that many Member States have established limitations and exceptions in their
national copyright laws for persons with visual impairments or with other print
disabilities, yet there is a continuing shortage of available works in
accessible format copies for such persons, and that considerable resources are
required for their effort of making works accessible to these persons, and that
the lack of possibilities of cross-border exchange of accessible format copies
has necessitated duplication of these efforts,
Recognizing
both the importance of rightholders’ role in making their works accessible to
persons with visual impairments or with other print disabilities and the
importance of appropriate limitations and exceptions to make works accessible
to these persons, particularly when the market is unable to provide such
access,
Recognizing
the need to maintain a balance between the effective protection of the rights
of authors and the larger public interest, particularly education, research and
access to information, and that such a balance must facilitate effective and
timely access to works for the benefit of persons with visual impairments or
with other print disabilities,
Reaffirming
the obligations of Contracting Parties under the existing international
treaties on the protection of copyright and the importance and flexibility of
the three-step test for limitations and exceptions established in Article 9(2)
of the Berne Convention for the Protection of Literary and Artistic Works and
other international instruments,
Recalling
the importance of the Development Agenda recommendations, adopted in 2007 by
the General Assembly of the World Intellectual Property Organization (WIPO),
which aim to ensure that development considerations form an integral part of
the Organization’s work,
Recognizing
the importance of the international copyright system and desiring to harmonize
limitations and exceptions with a view to facilitating access to and use of
works by persons with visual impairments or with other print disabilities, 
Have agreed as follows:
Article 1 - Relation to Other Conventions
and Treaties
Nothing in this Treaty shall derogate from
any obligations that Contracting Parties have to each other under any other
treaties, nor shall it prejudice any rights that a Contracting Party has under
any other treaties.
Article 2 - Definitions 
For the purposes of this Treaty:  
(a)          “works” means literary and
artistic works within the meaning of Article 2(1) of the Berne Convention for
the Protection of Literary and Artistic Works, in the form of text, notation
and/or related illustrations, whether published or otherwise made publicly
available in any media[1];
(b)          “accessible format copy” means a
copy of a work in an alternative manner or form which gives a beneficiary
person access to the work, including to permit the person to have access as
feasibly and comfortably as a person without visual impairment or other print
disability.  The accessible format copy is used exclusively by beneficiary
persons and it must respect the integrity of the original work, taking due
consideration of the changes needed to make the work accessible in the
alternative format and of the accessibility needs of the beneficiary persons;
(c)          “authorized entity” means an
entity that is authorized or recognized by the government to provide education,
instructional training, adaptive reading or information access to beneficiary
persons on a non-profit basis.  It also includes a government institution or
non-profit organization that provides the same services to beneficiary persons
as one of its primary activities or institutional obligations[2].
            An authorized entity
establishes and follows its own practices:
(i)      to establish that the persons it
serves are beneficiary persons;
(ii)     to limit to beneficiary persons
and/or authorized entities its distribution and making available of accessible
format copies;
(iii)    to discourage the reproduction,
distribution and making available of unauthorized copies;  and
(iv)    to maintain due care in, and records
of, its handling of copies of works, while respecting the privacy of
beneficiary persons in accordance with Article 8.
Article 3 - Beneficiary Persons 
A beneficiary person is a person who:
(a)          is blind;
(b)          has a visual impairment or a
perceptual or reading disability which cannot be improved to give visual
function substantially equivalent to that of a person who has no such
impairment or disability and so is unable to read printed works to
substantially the same degree as a person without an impairment or disability; 
or[3]
(c)          is otherwise unable, through
physical disability, to hold or manipulate a book or to focus or move the eyes
to the extent that would be normally acceptable for reading;
regardless of any other disabilities. 
Article 4 - National Law Limitations and
Exceptions Regarding Accessible Format Copies
1.         (a)        Contracting Parties
shall provide in their national copyright laws for a limitation or exception to
the right of reproduction, the right of distribution, and the right of making
available to the public as provided by the WIPO Copyright Treaty (WCT), to
facilitate the availability of works in accessible format copies for
beneficiary persons.  The limitation or exception provided in national law
should permit changes needed to make the work accessible in the alternative
format.
(b)     Contracting Parties may also provide a
limitation or exception to the right of public performance to facilitate access
to works for beneficiary persons. 
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;
and
(b)          A beneficiary person, or someone
acting on his or her behalf including a primary caretaker or caregiver, may
make an accessible format copy of a work for the personal use of the
beneficiary person or otherwise may assist the beneficiary person to make and use
accessible format copies where the beneficiary person has lawful access to that
work or a copy of that work.
3.         A Contracting Party may fulfill
Article 4(1) by providing other limitations or exceptions in its national
copyright law pursuant to Articles 10 and 11[4].
4.         A Contracting Party may confine
limitations or exceptions under this Article to works which, in the particular
accessible format, cannot be obtained commercially under reasonable terms for
beneficiary persons in that market.  Any Contracting Party availing itself of
this possibility shall so declare in a notification deposited with the Director
General of WIPO at the time of ratification of, acceptance of or accession to
this Treaty or at any time thereafter[5].
5.         It shall be a matter for national
law to determine whether limitations or exceptions under this Article are
subject to remuneration.
Article 5 - Cross-Border Exchange of
Accessible Format Copies
1.         Contracting Parties shall
provide that if an accessible format copy is made under a limitation or
exception or pursuant to operation of law, that accessible format copy may be
distributed or made available by an authorized entity to a beneficiary person
or an authorized entity in another Contracting Party[6].
2.         A Contracting Party may fulfill
Article 5(1) by providing a limitation or exception in its national copyright
law such that:
(a)          authorized entities shall be
permitted, without the authorization of the rightholder, to distribute or make
available for the exclusive use of beneficiary persons accessible format copies
to an authorized entity in another Contracting Party;  and
(b)          authorized entities shall be
permitted, without the authorization of the rightholder and pursuant to Article
2(c), to distribute or make available accessible format copies to a beneficiary
person in another Contracting Party; 
provided that prior to the distribution or
making available the originating authorized entity did not know or have
reasonable grounds to know that the accessible format copy would be used for
other than beneficiary persons[7].
3.         A Contracting Party may fulfill
Article 5(1) by providing other limitations or exceptions in its national
copyright law pursuant to Articles 5(4), 10 and 11.
4.         (a)        When an authorized
entity in a Contracting Party receives accessible format copies pursuant to
Article 5(1) and that Contracting Party does not have obligations under Article
9 of the Berne Convention, it will ensure, consistent with its own legal system
and practices, that the accessible format copies are only reproduced,
distributed or made available for the benefit of beneficiary persons in that
Contracting Party’s jurisdiction.
(b)     The distribution and making available
of accessible format copies by an authorized entity pursuant to Article 5(1)
shall be limited to that jurisdiction unless the Contracting Party is a Party
to the WIPO Copyright Treaty or otherwise limits limitations and exceptions
implementing this Treaty to the right of distribution and the right of making
available to the public to certain special cases which do not conflict with a
normal exploitation of the work and do not unreasonably prejudice the
legitimate interests of the rightholder[8],[9].
(c)      Nothing in this Article affects the
determination of what constitutes an act of distribution or an act of making
available to the public.
5.         Nothing in this Treaty shall be
used to address the issue of exhaustion of rights.
Article 6 - Importation of Accessible
Format Copies
To the extent that the national law of a
Contracting Party would permit a beneficiary person, someone acting on his or
her behalf, or an authorized entity, to make an accessible format copy of a
work, the national law of that Contracting Party shall also permit them to
import an accessible format copy for the benefit of beneficiary persons,
without the authorization of the rightholder[10].
Article 7 - Obligations Concerning
Technological Measures
Contracting Parties shall take appropriate
measures, as necessary, to ensure that when they provide adequate legal
protection and effective legal remedies against the circumvention of effective
technological measures, this legal protection does not prevent beneficiary
persons from enjoying the limitations and exceptions provided for in this
Treaty[11].
Article 8 - Respect for Privacy
In the implementation of the limitations
and exceptions provided for in this Treaty, Contracting Parties shall endeavor
to protect the privacy of beneficiary persons on an equal basis with others.
Article 9 - Cooperation to Facilitate
Cross-Border Exchange
1.         Contracting Parties shall
endeavor to foster the cross-border exchange of accessible format copies by
encouraging the voluntary sharing of information to assist authorized entities
in identifying one another.  The International Bureau of WIPO shall establish
an information access point for this purpose.
2.         Contracting Parties undertake to
assist their authorized entities engaged in activities under Article 5 to make
information available regarding their practices pursuant to Article 2(c), both
through the sharing of information among authorized entities, and through
making available information on their policies and practices, including related
to cross-border exchange of accessible format copies, to interested parties and
members of the public as appropriate.
3.         The International Bureau of WIPO
is invited to share information, where available, about the functioning of this
Treaty. 
4.         Contracting Parties recognize
the importance of international cooperation and its promotion, in support of
national efforts for realization of the purpose and objectives of this Treaty[12].
Article 10 - General Principles on
Implementation
1.         Contracting Parties undertake to
adopt the measures necessary to ensure the application of this Treaty.
2.         Nothing shall prevent
Contracting Parties from determining the appropriate method of implementing the
provisions of this Treaty within their own legal system and practice[13].
3.         Contracting Parties may fulfill
their rights and obligations under this Treaty through limitations or
exceptions specifically for the benefit of beneficiary persons, other
limitations or exceptions, or a combination thereof, within their national
legal system and practice.  These may include judicial, administrative or
regulatory determinations for the benefit of beneficiary persons as to fair
practices, dealings or uses to meet their needs consistent with the Contracting
Parties’ rights and obligations under the Berne Convention, other international
treaties, and Article 11.  
Article 11 - General Obligations on
Limitations and Exceptions
In adopting measures necessary to ensure
the application of this Treaty, a Contracting Party may exercise the rights and
shall comply with the obligations that that Contracting Party has under the
Berne Convention, the Agreement on Trade-Related Aspects of Intellectual
Property Rights and the WIPO Copyright Treaty, including their interpretative
agreements so that:
(a)          in accordance with Article 9(2)
of the Berne Convention, a Contracting Party may permit the reproduction of
works in certain special cases provided that such reproduction does not
conflict with a normal exploitation of the work and does not unreasonably
prejudice the legitimate interests of the author;
(b)          in accordance with Article 13 of
the Agreement on Trade-Related Aspects of Intellectual Property Rights, a
Contracting Party shall confine limitations or exceptions to exclusive rights
to certain special cases which do not conflict with a normal exploitation of
the work and do not unreasonably prejudice the legitimate interests of the
rightholder;
(c)          in accordance with Article 10(1)
of the WIPO Copyright Treaty, a Contracting Party may provide for limitations
of or exceptions to the rights granted to authors under the WCT in certain
special cases, that do not conflict with a normal exploitation of the work and
do not unreasonably prejudice the legitimate interests of the author;
(d)          in accordance with Article 10(2)
of the WIPO Copyright Treaty, a Contracting Party shall confine, when applying
the Berne Convention, any limitations of or exceptions to rights to certain
special cases that do not conflict with a normal exploitation of the work and
do not unreasonably prejudice the legitimate interests of the author.
Article 12 - Other Limitations and
Exceptions 
1.         Contracting Parties recognize
that a Contracting Party may implement in its national law other copyright
limitations and exceptions for the benefit of beneficiary persons than are
provided by this Treaty having regard to that Contracting Party’s economic
situation, and its social and cultural needs, in conformity with that
Contracting Party's international rights and obligations, and in the case of a
least-developed country taking into account its special needs and its
particular international rights and obligations and flexibilities thereof.
2.         This Treaty is without prejudice
to other limitations and exceptions for persons with disabilities provided by
national law.
Article 13 - Assembly
1.         (a)        The Contracting
Parties shall have an Assembly.
(b)     Each Contracting Party shall be
represented in the Assembly by one delegate who may be assisted by alternate
delegates, advisors and experts.
(c)      The expenses of each delegation shall
be borne by the Contracting Party that has appointed the delegation.  The
Assembly may ask WIPO to grant financial assistance to facilitate the
participation of delegations of Contracting Parties that are regarded as
developing countries in conformity with the established practice of the General
Assembly of the United Nations or that are countries in transition to a market
economy.
2.         (a)        The Assembly shall
deal with matters concerning the maintenance and development of this Treaty and
the application and operation of this Treaty.
(b)     The Assembly shall perform the function
allocated to it under Article 15 in respect of the admission of certain
intergovernmental organizations to become party to this Treaty.
(c)      The Assembly shall decide the
convocation of any diplomatic conference for the revision of this Treaty and
give the necessary instructions to the Director General of WIPO for the
preparation of such diplomatic conference.
3.         (a)        Each Contracting
Party that is a State shall have one vote and shall vote only in its own name.
(b)     Any Contracting Party that is an
intergovernmental organization may participate in the vote, in place of its
Member States, with a number of votes equal to the number of its Member States
which are party to this Treaty.  No such intergovernmental organization shall
participate in the vote if any one of its Member States exercises its right to
vote and vice versa.
4.         The Assembly shall meet upon
convocation by the Director General and, in the absence of exceptional
circumstances, during the same period and at the same place as the General
Assembly of WIPO.
5.         The Assembly shall endeavor to
take its decisions by consensus and shall establish its own rules of procedure,
including the convocation of extraordinary sessions, the requirements of a
quorum and, subject to the provisions of this Treaty, the required majority for
various kinds of decisions. 
Article 14 - International Bureau
The International Bureau of WIPO shall
perform the administrative tasks concerning this Treaty.
Article 15 - Eligibility for Becoming Party
to the Treaty
1.         Any Member State of WIPO may
become party to this Treaty.
2.         The Assembly may decide to admit
any intergovernmental organization to become party to this Treaty which
declares that it is competent in respect of, and has its own legislation
binding on all its Member States on, matters covered by this Treaty and that it
has been duly authorized, in accordance with its internal procedures, to become
party to this Treaty.
3.         The European Union, having made
the declaration referred to in the preceding paragraph at the Diplomatic
Conference that has adopted this Treaty, may become party to this Treaty.
Article 16 - Rights and Obligations Under
the Treaty
Subject to any specific provisions to the
contrary in this Treaty, each Contracting Party shall enjoy all of the rights
and assume all of the obligations under this Treaty.
Article 17 - Signature of the Treaty
This Treaty shall be open for signature at
the Diplomatic Conference in Marrakesh, and thereafter at the headquarters of
WIPO by any eligible party for one year after its adoption.
Article 18 - Entry into Force of the Treaty
This Treaty shall enter into force three
months after 20 eligible parties referred to in Article 15 have deposited their
instruments of ratification or accession.
Article 19 - Effective Date of Becoming
Party to the Treaty
This Treaty shall bind:
(a)          the 20 eligible parties referred
to in Article 18, from the date on which this Treaty has entered into
force;
(b)          each other eligible party
referred to in Article 15, from the expiration of three months from the date on
which it has deposited its instrument of ratification or accession with the
Director General of WIPO.
Article 20 - Denunciation of the Treaty
This Treaty may be denounced by any
Contracting Party by notification addressed to the Director General of WIPO. 
Any denunciation shall take effect one year from the date on which the Director
General of WIPO received the notification.
Article 21 - Languages of the Treaty
1.         This Treaty is signed in a
single original in English, Arabic, Chinese, French, Russian and Spanish
languages, the versions in all these languages being equally authentic.
2.         An official text in any language
other than those referred to in Article 21(1) shall be established by the
Director General of WIPO on the request of an interested party, after
consultation with all the interested parties.  For the purposes of this
paragraph, “interested party” means any Member State of WIPO whose official
language, or one of whose official languages, is involved and the European
Union, and any other intergovernmental organization that may become party to
this Treaty, if one of its official languages is involved.
Article 22 - Depositary
The Director General of WIPO is the
depositary of this Treaty.
Done in Marrakesh on the 27th day of June,
2013.
[1]              Agreed
statement concerning Article 2(a): For the purposes of this Treaty,
it is understood that this definition includes such works in audio form, such
as audiobooks. 
[2]              Agreed
statement concerning Article 2(c): For the purposes of this Treaty,
it is understood that “entities recognized by the government” may include
entities receiving financial support from the government to provide education,
instructional training, adaptive reading or information access to beneficiary
persons on a non-profit basis.
[3]              Agreed
statement concerning Article 3(b): Nothing in this language implies
that “cannot be improved” requires the use of all possible medical diagnostic
procedures and treatments.
[4]              Agreed statement
concerning Article 4(3):  It is understood that this paragraph neither reduces nor
extends the scope of applicability of limitations and exceptions permitted
under the Berne Convention, as regards the right of translation, with respect
to persons with visual impairments or with other print disabilities.
[5]           Agreed statement concerning Article 4(4):  It is understood that a
commercial availability requirement does not prejudge whether or not a
limitation or exception under this Article is consistent with the three-step
test.
[6]           Agreed statement concerning Article 5(1):  It is further understood that nothing
in this Treaty reduces or extends the scope of exclusive rights under any other
treaty.
[7]           Agreed statement concerning Article 5(2): It is understood that, to
distribute or make available accessible format copies directly to a beneficiary
person in another Contracting Party, it may be appropriate for an authorized
entity to apply further measures to confirm that the person it is serving is a
beneficiary person and to follow its own practices as described in Article
2(c).
[8]              Agreed
statement concerning Article 5(4)(b): It is understood that nothing
in this Treaty requires or implies that a Contracting Party adopt or apply the
three-step test beyond its obligations under this instrument or under other
international treaties.
[9]           Agreed statement concerning Article
5(4)(b): It
is understood that nothing in this Treaty creates any obligations for a
Contracting Party to ratify or accede to the WCT or to comply with any of its
provisions and nothing in this Treaty prejudices any rights, limitations and
exceptions contained in the WCT.
[10]             Agreed
statement concerning Article 6: It is understood that the
Contracting Parties have the same flexibilities set out in Article 4 when
implementing their obligations under Article 6.
[11]             Agreed
statement concerning Article 7: It is understood that authorized
entities, in various circumstances, choose to apply technological measures in
the making, distribution and making available of accessible format copies and
nothing herein disturbs such practices when in accordance with national law.
[12]             Agreed
statement concerning Article 9:  It is understood that Article 9
does not imply mandatory registration for authorized entities nor does
it constitute a precondition for authorized entities to engage in activities
recognized under this Treaty; but it provides for a possibility for sharing
information to facilitate the cross-border exchange of accessible format
copies.
[13]             Agreed
statement concerning Article 10(2):  It is understood that when a
work qualifies as a work under Article 2(a), including such works in audio
form, the limitations and exceptions provided for by this Treaty apply mutatis
mutandis to related rights as necessary to make the accessible format copy,
to distribute it and to make it available to beneficiary persons.