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Author:   Laurence R. Helfer (Henry R. Chadwick, Sr. Professor of Law, Duke University School of Law) ,  Molly K. Land (Professor of Law and Human Rights, University of Connecticut School of Law and Human Rights Institute) ,  Ruth L. Okediji (McKnight Presidential Professor and William L. Prosser Professor of Law, University of Minnesota School of Law) ,  Jerome H. Reichman (Bunyan S. Womble Professor of Law, Duke University School of Law)
Publisher:   Oxford University Press Inc
Imprint:   Oxford University Press Inc
Dimensions:   Width: 14.00cm , Height: 1.60cm , Length: 20.90cm
Weight:   0.266kg
ISBN:  

9780190679651

ISBN 10:   0190679654
Pages:   240
Publication Date:   27 April 2017
Audience:   College/higher education ,  Professional and scholarly ,  Postgraduate, Research & Scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Acknowledgments Foreword Executive Summary Introduction 1. Guiding Principles for the Marrakesh Treaty 1.1. The Marrakesh Treaty at the Crossroads of Human Rights and Intellectual Property 1.1.1. The International Human Rights Regime 1.1.2. The International Intellectual Property Regime 1.1.3. Conflict or Coexistence Between the Regimes? 1.1.4. Using Copyright Tools to Achieve Human Rights Ends 1.2. Interpretive Principles for the Marrakesh Treaty 1.2.1. Emphasize Object and Purpose 1.2.2. Adapt the Marrakesh Treaty to Changing Conditions 1.2.3. Promote Consistency with the CRPD 1.2.3.1 Background to the CRPD 1.2.3.2. Central Principles of the CRPD 1.2.3.3. Consultations with Stakeholders 2. The Legal and Policy Choices in the Marrakesh Treaty 2.1. Copyrighted Works Covered by the Marrakesh Treaty 2.2. Accessible Format Copy 2.3. Authorized Entities 2.3.1. Introduction and Overview 2.3.2. Types of Authorized Entities 2.3.2.1. Entities Providing Services to Beneficiaries 2.3.2.2. Government Recognized Entities 2.3.3. The Practices of Authorized Entities 2.4. Beneficiary Persons 2.4.1. Introduction and Overview 2.4.2. Categories of Beneficiary Persons 2.4.2.1. Blindness 2.4.2.2. Visual Impairment or Perceptual Disability 2.4.2.3. Physical Reading Disability 2.4.3. Defining Beneficiary Persons in Implementing Legislation 2.5. Exceptions and Limitations to Copyright in National Law 2.5.1. Introduction and Overview 2.5.2. Obligations of Article 4(1) 2.5.2.1. Mandatory Exceptions and Limitations 2.5.2.2. Non-Mandatory Exceptions and Limitations 2.5.3. Modes of Implementing Article 4(1) 2.5.3.1. Article 4(2) - The Safe Harbor Option 2.5.3.1.1. The Safe Harbor for Authorized Entities 2.5.3.1.2. The Safe Harbor for Beneficiary Persons 2.5.3.1.3. Implications of the Safe Harbor Options 2.5.3.2. Article 4(3) - The Sui Generis Option 2.5.4. E&Ls for the Translation of Copyrighted Works 2.5.5. The Commercial Availability Option 2.5.6. The Remuneration Option 2.6. Cross-Border Exchange and Importation of Accessible Format Copies 2.6.1. Introduction and Overview 2.6.2. Substantive Obligations of Articles 5 and 6 2.6.2.1. Article 5 - Export of Accessible Format Copies 2.6.2.2. Article 6 - Import of Accessible Format Copies 2.6.3. Modes of Implementation of Articles 5 and 6 2.6.3.1. Article 5(2) - The Safe Harbor Option 2.6.3.1. Article 5(3) - The Sui Generis Option 2.6.4. Exhaustion of Rights 2.6.5. Implementation of Article 6 2.6.6. Cross-Border Issues Not Addressed in the Marrakesh Treaty 2.7.. Technological Protection Measures 2.7.1. Introduction and Overview 2.7.2. Analysis 2.8.. Three-Step Test 2.8.1. Policy Rationales of the Three-Step Test 2.8.2. The Three-Step Test and E&Ls for the Blind 2.8.3. Applying the Three-Step Test to the Marrakesh Treaty 2.8.4. The Three-Step Test and International Human Rights Law 3. Putting the Marrakesh Treaty Into Practice in National Law 3.1. Create Legal Remedies 3.2. Empower National Institutions 3.2.1. Human Rights Institutions 3.2.2. Intellectual Property Institutions 3.2.3. Linking to the Marrakesh Treaty Assembly 3.3. Undertake Enforcement Activities 3.3.1. Monitor Rights 3.3.2. Enforce Legal Remedies 3.3.3. Create a National Plan of Action 3.3.4. Engage in Training and Outreach 3.4. Engage in National Reporting 3.4.1. UN Treaty Bodies 3.4.2. UN Charter Bodies 3.4.3. UN Special Procedures Conclusion Appendices World Intellectual Property Organization, Extraordinary General Assembly: A Decision Text, December 18, 2012 Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (adopted on June 27, 2013, entered into force on September 30, 2016) Signatories and Contracting Parties to the Marrakesh Treaty (as of October 31, 2016) Convention on the Rights of Persons with Disabilities (CRPD) and Optional Protocol to the CRPD (adopted on December 13, 2006, entered into force on May 3, 2008) Signatories and Contracting Parties to the Convention on the Rights of Persons with Disabilities (as of October 31, 2016) Berne Convention for the Protection of Literary and Artistic Works, last revised at Stockholm, July 14, 1967 (without Appendix) Index

Reviews

The authors are uniquely positioned to provide authoritative answers to the complex questions raised by the Marrakesh Treaty - the first to address user interests. Collectively, they have deep experience in negotiating and interpreting international IP instruments, and they include the first scholars to address the intersection of human rights and IP rights. Rochelle Dreyfuss, Pauline Newman Professor, and Co-Director of the Engelberg Center on Innovation Law and Policy, New York University School of Law This Guide to the Marrakesh Treaty, written by world-renowned copyright scholars, is essential for anyone who aims to transpose, interpret, and apply the norms in the Treaty in an effective manner, finally giving visually impaired people real access to knowledge and culture. Lucie Guibault, Institute for Information Law, University of Amsterdam This book provides a timely, clear, and insightful guide to a complex and novel legal subject with immense practical significance. A must-read for anybody interested in making accessible versions of printed material available to disabled people. Anna Lawson, Professor of Law and Director of the Centre for Disability Studies, University of Leeds The Marrakesh Treaty is a milestone in the development of international standards to ensure access to knowledge for all, and this Guide is a milestone in the correct interpretation and implementation of the Treaty. With their in-depth knowledge of IP and human rights law, and their impressive experience in international law and policy making, the authors offer a brilliant and critical analysis of the Treaty provisions, and a practical guidebook that provides compelling answers to unresolved questions. This book is a must read, not only with regard to the Marrakesh Treaty, but also to copyright limitations and human rights in general. Martin Senftleben, Professor of Intellectual Property and Director, Kooijmans Institute for Law and Governance, Vrije Universiteit Amsterdam The World Blind Union Guide to the Marrakesh Treaty is an invaluable resource for understanding and implementing the terms of the treaty. It offers concrete guidance and practical solutions for transforming the terms of a human rights instrument into a real world enabler of the human rights of persons with print disabilities. Professor Michael Ashley Stein, Executive Director, Harvard Law School Project on Disability

These authors are uniquely positioned to provide authoritative answers to the complex questions raised by this Treaty-the first to address user interests. Collectively, they have deep experience in negotiating and interpreting international IP instruments; they include the first scholars to address the intersection of human rights and IP rights. Rochelle Dreyfuss, Pauline Newman Professor, and Co-Director of the Engelberg Center on Innovation Law and Policy, New York University School of Law This Guide to the Marrakesh Treaty, written by world-renowned copyright scholars, is essential for anyone who aims to transpose, interpret, and apply the norms contained in the Treaty in an effective manner, so as to finally give visually impaired people real access to the world's knowledge and culture. Lucie Guibault, Institute for Information Law, University of Amsterdam The World Blind Union Guide to the Marrakesh Treaty is an invaluable resource for understanding and implementing the terms of the treaty. It offers concrete guidance and practical solutions for transforming the terms of a human rights instrument into a real world enabler of the human rights of persons with print disabilities. Professor Michael Ashley Stein, Executive Director, Harvard Law School Project on Disability

These authors are uniquely positioned to provide authoritative answers to the complex questions raised by this Treaty-the first to address user interests. Collectively, they have deep experience in negotiating and interpreting international IP instruments; they include the first scholars to address the intersection of human rights and IP rights. -Rochelle Dreyfuss, Pauline Newman Professor, and Co-Director of the Engelberg Center on Innovation Law and Policy, New York University School of Law This Guide to the Marrakesh Treaty, written by world-renowned copyright scholars, is essential for anyone who aims to transpose, interpret, and apply the norms contained in the Treaty in an effective manner, so as to finally give visually impaired people real access to the world's knowledge and culture. -Lucie Guibault, Institute for Information Law, University of Amsterdam The World Blind Union Guide to the Marrakesh Treaty is an invaluable resource for understanding and implementing the terms of the treaty. It offers concrete guidance and practical solutions for transforming the terms of a human rights instrument into a real world enabler of the human rights of persons with print disabilities. -Professor Michael Ashley Stein, Executive Director, Harvard Law School Project on Disability This book provides a timely, clear, and insightful guide to a complex and novel legal subject with immense practical significance. A must-read for anybody interested in making accessible versions of printed material available to disabled people. -Anna Lawson, Professor of Law and Director of the Centre for Disability Studies, University of Leeds The Marrakesh Treaty is a milestone in the development of international standards to ensure access to knowledge for all, and this Guide is a milestone in the correct interpretation and implementation of the Treaty. With their in-depth knowledge of IP and human rights law, and their impressive experience in international law and policy making, the authors offer a brilliant and critical analysis of the Treaty provisions, and a practical guidebook that provides compelling answers to unresolved questions. This book is a must read, not only with regard to the Marrakesh Treaty, but also to copyright limitations and human rights in general. -Martin Senftleben, Professor of Intellectual Property and Director, Kooijmans Institute for Law and Governance, Vrije Universiteit Amsterdam

Author Information

Laurence R. Helfer is Harry R. Chadwick, Sr. Professor of Law at Duke University Law School. He is an expert in international law and institutions, international adjudication, human rights (including LGBT rights), and international intellectual property law and policy. He is co-director of Duke Law's Center for International and Comparative Law and a Senior Fellow with Duke's Kenan Institute for Ethics. He also serves as a Permanent Visiting Professor at the iCourts: Center of Excellence for International Courts at the University of Copenhagen. Molly K. Land is Professor of Law and Human Rights at the University of Connecticut School of Law and Human Rights Institute. She also serves as Associate Director of the Human Rights Institute and Director of the LL.M. in Human Rights and Social Justice. Drawing on her human rights expertise and background as an intellectual property litigator, Professor Land's scholarship focuses on the effect of new technologies on human rights fact-finding, advocacy, and enforcement, as well as the role of human rights norms and framing strategies in organizing around human rights issues. Ruth L. Okediji is McKnight Presidential Professor and William L. Prosser Professor of Law at the University of Minnesota Law School. Her scholarship focuses on issues of innovation policy, economic development, and global knowledge governance in the context of international institutions and public international law. Jerome H. Reichman is Bunyan S. Womble Professor of Law at Duke University Law School. He has written and lectured widely on diverse aspects of intellectual property law, including comparative and international intellectual property law and the connections between intellectual property and international trade law.

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