The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled in the European Union: Reflecting on Its Implementation and Gauging Its Impact from a Disability Perspective

Abstract

The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled (Marrakesh Treaty) requires State Parties to introduce limitations and exceptions to national copyright rules in order to allow the reproduction, distribution and making available of published works in formats that are accessible to persons who are blind, visually impaired or otherwise print disabled. This Treaty was concluded by the European Union (EU) on behalf of its Member States in 2018. It was then implemented by means of a Directive and a Regulation. On the tenth anniversary of its adoption, and six years after the enactment of the EU implementing acts, this article reflects on the implementation of the Marrakesh Treaty in the EU, highlighting its strengths and shortcomings. It then discusses, from a disability perspective, the impact of the Marrakesh Treaty within Europe on foot of a multimethod empirical study conducted within the project ReCreating Europe. On the whole, this article argues that, in spite of some weaknesses of the Marrakesh Directive, which leaves room for differences across the Member States, the ratification of the Marrakesh Treaty by the EU has supported access to printed materials for people with disabilities.