disability, such as dyslexia, that prevents him or her from reading printed works to substantially the same degree as without that disability, is also a person. Third, the impairment or disability must not be readily capable of being improved such that the individual acquires visual function that substantially corresponds to the visual function of persons who do not have such an impairment or disability. For example, the MT would not apply to a person whose visual impairment can be corrected with eyeglasses, provided that such correction is physically and accessible to that individual. It is important to understand the type of improvements that would lead and non-print-disabled persons to have a “substantially equivalent” ability to read covered works. The MT’s attached considerable importance to this issue, as reflected in the Agreed Statement clarifying the phrase “cannot be improved.” The Agreed Statement that an individual remains covered by paragraph (b) even if theoretical or “medical diagnostic procedures and treatments” exist that would alleviate his or her impairment or disability. This
commercial persons, either directly or via an entity. The following table outlines the types of activities that Article 4(1)(a) requires and provides examples of each activity: right Types of activities authorized Examples – Conversion of copies in conventional formats into accessible format copies – Reproduction of accessible format copies – Creation of an audiobook from a book – Making copies of a Braille book – Transfer or sale of accessible format copies to or between beneficiary to or persons and authorized entities, or authorized – lending of accessible e-books – Gifts and donations
entities—whether or not through the transfer of ownership Making – Scanning and uploading files into the “cloud” or other digital storage system for purposes of creating a library of works available for use exclusively by beneficiary persons – Posting of an audiobook or e-book for download by or authorized entities on a site, listservs, or other online directed solely at serving
4, although the adoption of these E&Ls is mandatory, the Treaty provides flexibility to states in giving effect to these provisions in legislation the MT or other national laws. 2.6.2. Substantive Obligations of Articles 5 and 6 2.6.2.1. Article 5—Export of Format Copies Article 5(1) requires states to allow entities within their borders to transfer accessible format copies of copyrighted works to authorized and beneficiary persons in other Marrakesh Treaty countries. This transfer or export right, which can be exercised by the distribution of physical or electronic copies, does not require the consent or permission of the copyright owner. Article 5(1) plays an important role in achieving the MT’s objectives. First, it the needs of print-disabled in countries with limited financial
4 are equally applicable to the of Article 6. These “flexibilities” include: • Article 4(3) allows states to “fulfill 4(1) by providing other or exceptions in its national copyright law pursuant to Articles 10 and 11.” This flexibility allows states to implement Article 6 through the of other E&Ls, subject to their compliance with the TST. • Article 4(4) permits states to confine Article 4 E&Ls “to works which, in the particular accessible format, cannot be obtained commercially under terms for beneficiary persons in that market” (emphasis added). Accordingly, each state is not required—to introduce a “commercial availability” requirement on imports of accessible format • Article 4(5) permits states to whether Article 4 E&Ls should be made “subject to remuneration.” States thus have the discretion to that imports of accessible copies be conditioned on of a reasonable royalty to the