On December 12, 2023, Pakistan achieved a significant milestone by officially signing the Marrakesh Treaty. This momentous event took place at the Aiwan-e-Sadr, where President Dr. Arif Alvi reaffirmed Pakistan's dedication to the worldwide intellectual property landscape.
The Marrakesh Treaty, adopted on June 27, 2013, represents a pivotal moment in the evolution of international copyright laws. This landmark agreement marks a crucial turning point in addressing the information disparity experienced by individuals with print disabilities as it aims to create a more inclusive and accessible global knowledge landscape.
Prior to the Marrakesh Treaty, individuals with print disabilities grappled with what is commonly referred to as a "book famine” characterized by a scarcity of books in accessible formats such as braille, large print, or audiobooks. This scarcity severely limited print-disabled persons’ access to a broad range of literature and educational materials. A major obstacle in the production and distribution of accessible format copies was the stringent copyright laws which mandated obtaining authorization from copyright holders and/or their legal heirs to convert books into accessible formats and naturally, this was a cumbersome and often unattainable process.
Exceptions/Limitations
Central to the Marrakesh Treaty is the introduction of limitations and exceptions to traditional copyright laws designed to ensure equal access to information for individuals with print disabilities, referred to as "beneficiary persons" within the Treaty. Contracting Parties commit to incorporating limitations and/or exceptions into their legislation, that empower authorized entities to reproduce, distribute, and make accessible format copies of published works without seeking authorization from copyright holders first.
Contracting Parties can decide to relax the limitations or exceptions for making accessible copies of works that are not commercially available in a particular accessible format. This provision is subject to declaration and notification to the Director General of WIPO, showcasing a commitment to dealing with specific challenges in the market.
The Contracting Parties are further granted the flexibility to introduce any other limitations or exceptions in their national copyright laws, in order to meet the objectives of the Treaty.
Authorized Entities
The Treaty defines an "authorized entity" as an organization recognized or authorized by the government to provide education, instructional training, adaptive reading, or information access to beneficiary persons on a non-profit basis. This includes government institutions or non-profit organizations whose primary activities or institutional obligations involve providing similar services to beneficiary persons.
Under the Treaty, authorized entities are entrusted with verifying the beneficiary status of individuals they serve, limiting distribution to beneficiary persons and/or authorized entities, discouraging unauthorized reproduction, distribution, and availability of copies, and maintaining careful records of their handling of works while respecting the privacy of beneficiary persons.
Cross Border Exchange
The Treaty recognizes that knowledge transcends boundaries, and therefore, further breaks down geographical barriers by way of Article 5, by facilitating cross-border exchange. The Treaty requires participating countries to commit to allowing the import and export of accessible materials, ensuring that the limitations and exceptions to copyright established by the Treaty extend globally.
Article 5 of the Treaty lays the foundation for a more collaborative approach among countries. When a country creates an accessible format copy of a book or any other work, that copy may be shared by an authorized entity with beneficiary persons or entities in another country without seeking authorization from the original copyright owner. This flexibility encourages a smoother flow of accessible books across borders.
To ensure responsible use, the rules specify that the authorized entity sharing the accessible format copy with another country must try to ensure that the copy would not be used for purposes other than aiding beneficiary persons.
Beyond the technicalities of cross-border exchange, Article 9 of the Treaty emphasizes the importance of international cooperation. It encourages Contracting Parties to work together to facilitate the exchange of accessible format copies. This collaboration involves the voluntary sharing of information among authorized entities, supported by an information access point established by the International Bureau of WIPO.
Striking a Balance
While the Marrakesh Treaty is unequivocal in its commitment to accessibility, Article 8 highlights the delicate balancing act required. It acknowledges the necessity of providing access to information for beneficiary persons while affirming that such access should not come at the cost of compromising privacy. It essentially requires the Contracting Parties to integrate privacy considerations into the mechanisms for providing accessible format copies ensuring that the personal information of the beneficiary persons remains secure throughout the process.
Furthermore, while the Treaty places considerable weight on providing beneficiary persons access to a broad range of literature and educational materials without going through the cumbersome process of obtaining copyright authorization, it also emphasizes the need to strike a balance with the rights of the copyright owners. Accordingly, it requires the Contracting Parties to ensure that the reproduction of works does not conflict with the normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author. However, some critics argue that certain provisions might still be overly broad, potentially opening the door to exploitation, while the proponents of the Treaty counter that the fundamental goal of leveling the playing field for individuals with print disabilities justifies the Treaty's expansive scope.
Pakistan’s Accession to The Marrakesh Treaty
In a significant stride towards promoting inclusivity and guaranteeing equitable access to information, Pakistan has recently signed the Marrakesh Treaty. To meet its commitments under the Treaty, Pakistan must revise its domestic laws to facilitate the creation and distribution of accessible format copies of published works. Embarking on this legislative journey poses a formidable challenge for Pakistan. The necessary adjustments to the laws will be intricate, as balancing the preservation of copyright holders' rights with the imperative of enhancing literature accessibility for those with print disabilities demands a nuanced and careful approach.
In essence, as Pakistan fulfills its international obligations to reach a delicate balance between copyright protections and the imperative of accessibility for individuals with print disabilities, the Marrakesh Treaty stands against the challenges of a "book famine" and paves the way for a far more equitable and universally accessible knowledge atmosphere. The Treaty stands as a transformative milestone for international copyright laws, symbolizing a collective effort to address the information disparities faced by individuals with print disabilities.
