Title

The Marrakesh Puzzle

Document Type

Article

Publication Date

2014

Abstract

This article analyzes the puzzle created by the 2013 Marrakesh Treaty in its provisions concerning the cross-border exchange of copies of copyrighted works made for use by persons who are “blind, visually impaired, or otherwise print disabled” (copies known as “accessible format copies”). The analysis should assist executive and legislative experts as they seek optimal methods for implementing the Treaty. The article provides an overview of the Treaty, notes its unique features, and examines in detail its provisions on the cross-border exchange of accessible format copies. The article discusses three possible sources for implementation tools – choice of law rules, the exhaustion doctrine, and labeling – and concludes that a suitable method of implementing the cross-border exchange provisions of the Treaty may consist of a combination of appropriately-selected rules for choice of applicable law and rules for labeling.

Comments

This is an abstract for an article published in the International Review of Intellectual Property and Competition Law, © Springer Publishing; available online at: http://link.springer.com/article/10.1007%2Fs40319-014-0252-5.

The International Review of Intellectual Property and Competition Law can also be accessed through Westlaw.

Publication Citation

45 IIC 768 (2014)