Yesterday the European Commission introduced the Directive on copyright in the Digital Single Market, and let’s be honest, it’s a disaster for citizens, educators, and researchers across Europe. But there’s a silver lining. The Commission also presented a Directive and a Regulation to implement the Marrakesh Treaty into EU law.
The Marrakesh Treaty would improve access to copyrighted works for the blind and visually impaired. States that are party to the treaty must provide for an exception to copyright law that allows for the “creation of accessible versions of books and other copyrighted works for visually impaired persons.” After years of frustrating debate at WIPO, the treaty was finally signed in Marrakesh, Morocco in June 2013. It was ratified by the required 20 states in June of this year, and now each party must provide for a legislative implementation of the treaty provisions.
The Commission’s Directive and Regulation constitute a much needed breakthrough in the drawn out process of implementation of the Marrakesh Treaty into EU law. The both pieces of legislation will now need to be approved by the European Parliament and the Council of Member States.
Ratification of the treaty by the EU has so far been held up by a disagreement between the Member states with regard to the ratification procedure. Over the last few years several Member States have called into question whether the EU has the “competence” (read: authority) to ratify on behalf of all members. However, earlier this month the EU Advocate General published an opinion confirming the “exclusive competence of the EU” to ratify the Marrakesh Treaty.
We’re glad to see this process finally coming to a close with a positive result that will improve access to copyrighted materials for the blind, visually impaired, or print disabled. It’s about time.
