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The World Blind Union Guide to the Marrakesh TreatyFacilitating Access to Books for Print-Disabled Individuals$
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Laurence R. Helfer, Molly K. Land, Ruth L. Okediji, and Jerome H. Reichman

Print publication date: 2017

Print ISBN-13: 9780190679644

Published to Oxford Scholarship Online: March 2017

DOI: 10.1093/acprof:oso/9780190679644.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 27 February 2021

The Legal and Policy Choices in the Marrakesh Treaty

The Legal and Policy Choices in the Marrakesh Treaty

(p.21) Chapter 2 The Legal and Policy Choices in the Marrakesh Treaty
The World Blind Union Guide to the Marrakesh Treaty

Laurence R. Helfer

Molly K. Land

Ruth L. Okediji

Jerome H. Reichman

Oxford University Press

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

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