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Nimeke- ja vastuullisuusmerkintö Copyright, disability and social inclusion : the Marrakesh Treaty and the role of non-signatories
Julkaistu
Ulkoasutiedot
Sarjamerkintö ei-lisäkirjausmuodossa Journal of Intellectual Property Law & Practice, ISSN 1747-1532 ; 10 (11)
Huomautus sisällöstä, tiivistelmä tms. Since the adoption of the Berne Convention for the Protection of Literary and Artistic Works, legal regimes have become more aware of the limits that copyright systems must endorse in order to protect the public interest and the needs of different users. The adoption of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled in June 2013 attests to this awareness. The Marrakesh Treaty was introduced at a time when the IP community became more aware of the needs of people with disabilities. The access dilemma confronting disabled persons involves copyright law, technology, market conditions and an understanding that existing formats, like Braille, large print and audio are no longer efficient. Disabled persons, therefore, require a unique legal arrangement. The Marrakesh Treaty aimed to overcome some of the challenges with which disabled persons had to deal when laws and policies prohibited their access and the use of materials protected by copyright. In the short time since its adoption, the treaty has achieved much, both ideologically and in practical terms. This article presents, examines and challenges these achievements, arguing that the humanitarian nature of the Treaty requires modifications to several of its definitions and nonsignatories to following its principles. Taking the example of Israel, we aim to show how signatories and non-signatories can use the Marrakesh Treaty as a vehicle to update and modernize their national copyright exceptions to benefit the disabled in general, and not limit its application to the blind, visually impaired and otherwise print-disabled.
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Henkilönnimi
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*24510$aCopyright, disability and social inclusion :$bthe Marrakesh Treaty and the role of non-signatories /$cLior Zemer, Aviv Gaon.
*260 $c2015.
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*4901 $aJournal of Intellectual Property Law & Practice,$x1747-1532 ;$v10 (11)
*520 $a Since the adoption of the Berne Convention for the Protection of Literary and Artistic Works, legal regimes have become more aware of the limits that copyright systems must endorse in order to protect the public interest and the needs of different users. The adoption of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled in June 2013 attests to this awareness. The Marrakesh Treaty was introduced at a time when the IP community became more aware of the needs of people with disabilities. The access dilemma confronting disabled persons involves copyright law, technology, market conditions and an understanding that existing formats, like Braille, large print and audio are no longer efficient. Disabled persons, therefore, require a unique legal arrangement. The Marrakesh Treaty aimed to overcome some of the challenges with which disabled persons had to deal when laws and policies prohibited their access and the use of materials protected by copyright. In the short time since its adoption, the treaty has achieved much, both ideologically and in practical terms. This article presents, examines and challenges these achievements, arguing that the humanitarian nature of the Treaty requires modifications to several of its definitions and nonsignatories to following its principles. Taking the example of Israel, we aim to show how signatories and non-signatories can use the Marrakesh Treaty as a vehicle to update and modernize their national copyright exceptions to benefit the disabled in general, and not limit its application to the blind, visually impaired and otherwise print-disabled.
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*7001 $aGaon, Aviv.
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