The European Parliament’s legal affairs committee is finally preparing to decide on its negotiating position for implementation of the Marrakesh Treaty and is due to vote on 23 March on introduction of an exemption to copyright and the circulation of items for the visually-impaired.
The Marrakesh Treaty was adopted in 2013 under the auspices of the World Intellectual Property Organisation (WIPO). It aims to facilitate access for the blind and partially-sighted to a wider choice of books published in suitable formats, such as Braille, large print or audio recordings.
The reports to be voted upon on 23 March were drawn up by Max Andersson (Greens/EFA, Sweden). They concern solely the implementation of the treaty, not ratification of it by the EU, which is dealt with separately. The reports cover, in line with the European Commission’s recommendations, the creation of an exemption to copyright rules for works destined for the partially-sighted (a directive) and sale of such works with countries that are not party to the Marrakech Treaty (a regulation).
Like the Commission, the rapporteur opposes the introduction of further demands for application of the exemption to the copyright rules. For example, to the dismay of publishers, he rejects the idea of forcing libraries and organisations to verify whether a work is already available on the market before granting authorisation for reproducing it in an accessible format without having to pay the copyright-holder. A hundred or so amendments have been lodged and the vote is expected to take place on the morning of 23 March.
There are also delays at the Council of the EU, which has been procrastinating over the legal basis to be applied. We understand that the national delegations will follow the advice of the Legal Service and opt for Article 114 (Single Market) rather than Article 19 (non-discrimination). This choice should facilitate the adoption process because unanimous voting will not be required. (Original version in French by Sophie Petitjean)