Chapter

The Legal and Policy Choices in the Marrakesh Treaty

Laurence R. Helfer, Molly K. Land, Ruth L. Okediji and Jerome H. Reichman

in The World Blind Union Guide to the Marrakesh Treaty

Published in print April 2017 | ISBN: 9780190679644
Published online March 2017 | e-ISBN: 9780190679682 | DOI: https://dx.doi.org/10.1093/acprof:oso/9780190679644.003.0003
The Legal and Policy Choices in the Marrakesh Treaty

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This chapter consists of an article-by-article analysis of the Marrakesh Treaty. It describes the Treaty’s basic structure and identifies the legal and policy choices available to governments for each of its key provisions, including the definitions of “accessible format copy,” “authorized entities,” and “beneficiary persons,” and the exceptions and limitations to copyright protection that all ratifying countries must adopt. In exploring the exceptions and limitations required to implement the Marrakesh Treaty, this chapter also examines the consistency of these exceptions and limitations with the three-step test found in many copyright agreements. The chapter also suggests ways to ensure that technological protection measures as well as the Treaty’s optional provisions concerning remuneration and commercial availability do not undermine the Treaty’s objectives.

Keywords: copyright; exceptions and limitations; three-step test; technological protection measures; remuneration; commercial availability; accessible format copy; authorized entity; beneficiary

Chapter.  17247 words. 

Subjects: Public International Law ; Intellectual Property Law

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