Marrakech Treaty For The Blind Signed; MPAA Unable To Kill It

from the could-it-be? dept

It took decades to get this done, but it appears that a copyright treaty for the blind has been signed in Marrakech, and despite a full court press from the MPAA to further water down the agreement, it appears the final version is closer to what the various public interest and blind groups wanted. Apparently, US and EU negotiators were not thrilled with the outcome, but couldn't fight it any more. The full text hasn't been released yet, but from all the commentary out of Marrakech, it sounds like the MPAA failed to poison this treaty. I'm sure we'll have more on this later, but two things to discuss out of this:
  1. Contrary to the claims of the USTR about how it would be crazy to negotiate agreements like ACTA, TPP or TAFTA with openness on the drafts being considered, this agreement was negotiated with transparency and (mostly) openness. Once again, we see that the USTR is full of it with its lack of transparency.
  2. There is still a ratification question. Expect the MPAA efforts to now shift to blocking the US from actually ratifying the treaty, which is rather important, since the key part of the treaty is letting creative works for the blind enter into various countries, but most of the books would likely originate from the US....

Filed Under: blind, copyright, fair use, marrakech, ratification, three step
Companies: mpaa

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The First Word

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  1. icon
    G Thompson (profile), 26 Jun 2013 @ 12:08am

    Re: Re: post #12

    That actual text is pretty much a stock standard template for any treaty nowadays, and is basic contract terminology. And as read highly ambiguous.

    Though once ratified it becomes law in whatever jurisdiction it is ratified in. Yes other treaties are also part of the law of that jurisdiction too which is where conflicts arise all the time. I'd agree that the affirmative part of my original comment is suspect, though it is highly dependent on how the law is stated after the ratification is completed. A prime example of this is using the UNCRC in conjuction with extradition treaties of say Australia and the USA. Both treaties have a similar " Relation to other Conventions and Treaties" statement but due to the actual law of Australia the UNCRC Treaty overrides the extradition treaty absolutely with an affirmative defense if a child were wanted for extradition to the USA on criminal charges (Interestingly the same applies to Adults wanted too if the death penalty could be imposed in the USA).

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