[Senate Executive Report 115-6]
[From the U.S. Government Publishing Office]
115th Congress } { Exec. Rept.
SENATE
2nd Session } { 115-6
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THE MARRAKESH TREATY TO FACILITATE ACCESS TO PUBLISHED WORKS FOR
PERSONS WHO ARE BLIND, VISUALLY IMPAIRED, OR OTHERWISE PRINT DISABLED,
DONE AT MARRAKESH ON JUNE 27, 2013.
_______
June 19, 2018.--Ordered to be printed
_______
Mr. Corker, from the Committee on Foreign Relations,
submitted the following
REPORT
[To accompany Treaty Doc. 114-6]
The Committee on Foreign Relations, to which was referred
the Marrakesh Treaty to Facilitate Access to Published Works
for Persons who are Blind, Visually Impaired, or Otherwise
Print Disabled, done at Marrakesh on June 27, 2013, having
considered the same, reports favorably thereon with one
declaration, as indicated in the resolution of advice and
consent, and recommends that the Senate give its advice and
consent to ratification thereof, as set forth in this report
and the accompanying resolution of advice and consent.
CONTENTS
Page
I. Purpose..........................................................1
II. Background.......................................................2
III. Implementing Legislation.........................................3
IV. Committee Action.................................................3
V. Committee Recommendation and Comments............................3
VI. Text of Resolution of Advice and Consent to Ratification.........4
I. Purpose
According to the Secretary of State's Letter of Submittal
to the President, the purpose of the Marrakesh Treaty to
Facilitate Access to Published Works for Persons who are Blind,
Visually Impaired, or Otherwise Print Disabled, Done at
Marrakesh on June 27, 2013 (hereinafter, the ``Marrakesh
Treaty'') is to reduce the global shortage of print materials
in special accessible formats for the many millions of
Americans and others throughout the world who are blind,
visually impaired, or have other print disabilities, such as
physical limitations that prevent holding a book. At present,
according to the World Intellectual Property Organization
(``WIPO''), only a small percentage of the more than one
million books published worldwide every year are available in
Braille, large print, or accessible digital files, resulting in
diminished access to information, culture and education for
persons with print disabilities. The Marrakesh Treaty addresses
this gap by providing, with appropriate safeguards, that
copyright restrictions should not impede the creation and
distribution of such special format copies, and by fostering
the exchange of such copies internationally.
II. Background
The Marrakesh Treaty was negotiated and concluded under the
auspices of WIPO to facilitate access to printed works for
persons with print disabilities. It is widely agreed that there
is a global shortage of print materials in accessible formats
such as Braille, digital Braille, large print, and specialized
audio files. The intent of the Marrakesh Treaty is to help
address this ``book famine'' among the world's print-disabled
individuals. Further, the administration has informed the
committee that, while the United States has the ability to make
numerous accessible format copies available to print-disabled
individuals in the United States under existing U.S. law,
treaty beneficiaries in the United States who read and learn in
languages other than English will particularly benefit from
treaty provisions that facilitate sharing such copies across
borders. Beneficiaries under the treaty who require access to
specialized works, such as scholarly texts for graduate work in
universities in the United States, will also benefit from
improved access to accessible works.
The Marrakesh Treaty strikes a careful balance, providing
that copyright protection should not impede the creation and
distribution of such accessible format copies, including the
exchange of such copies internationally to designated
beneficiaries, while providing for appropriate safeguards to
protect the interests of copyright holders.
Under the Marrakesh Treaty, parties are required to provide
an appropriate exception or limitation in their national
copyright law for the creation and distribution of accessible
format copies for the exclusive use of blind and other print-
disabled persons, subject to their existing international
obligations. Further, parties are required, subject to various
safeguards, to permit the exchange across borders of accessible
format copies made under such national law exceptions for the
use of blind and other print-disabled persons in other parties
to the treaty. The Marrakesh Treaty provides assurances to
authors and publishers that the system will not expose their
published works to misuse or distribution to anyone other than
the intended beneficiaries, and reiterates the requirement that
the cross-border sharing of accessible format copies of works
will be limited to certain special cases which do not conflict
with the normal exploitation of the work and do not
unreasonably prejudice the legitimate interests of the right
holder.
The United States signed the Marrakesh Treaty on October 2,
2013. The President transmitted the Treaty for the advice and
consent of the Senate on February 10, 2016. The committee notes
that a more detailed article-by-article analysis of this treaty
may be found in the Letter of Submittal from the Secretary of
State to the President dated January 22, 2016, reprinted in
Treaty Document 114-6.
III. Implementing Legislation
The committee has determined that implementing legislation
to implement the treaty is required. The Resolution of Advice
and Consent to Ratification includes a Declaration stating that
the treaty is not self-executing.
On March 15, 2018, Senator Grassley introduced S. 2559, the
Marrakesh Treaty Implementation Act. S. 2559 was considered by
the Senate Judiciary Committee on May 10, 2018 and reported out
favorably with no opposition. The Senate Foreign Relations
Committee notes that a more detailed section-by-section
analysis of the implementing legislation amending Title 17 of
the United States Code may be found in the report of the Senate
Judiciary Committee accompanying the legislation.
IV. Committee Action
The Committee on Foreign Relations held a hearing to
consider the treaty on April 15, 2018. The hearing was chaired
by Senator Corker. The committee considered the treaty on May
22, 2018, and ordered the treaty favorably reported by voice
vote, with a quorum present and without objection, with the
recommendation that the Senate give advice and consent to its
ratification, as set forth in this report and the accompanying
resolution of advice and consent to ratification.
V. Committee Recommendation and Comments
The Committee on Foreign Relations believes that
ratification of the Marrakesh Treaty will provide important new
benefits to the print-disabled individuals in the United States
and U.S. citizen beneficiaries living in other countries party
to the Marrakesh Treaty and recommends the Senate give its
consent to ratification of this Treaty. Ratification will also
improve the lives of print disabled beneficiaries in other
countries and could improve U.S. coordination on intellectual
property policy development and enforcement with other nations.
The committee has included in its resolution of advice and
consent one proposed declaration, which states that the
Marrakesh Treaty is not self-executing. This declaration is
consistent with the views of the executive branch.
Historically, the Senate has not routinely included statements
regarding the self-executing nature of treaties in resolutions
of advice and consent, but in light of the Supreme Court
decision, Medellin v. Texas, 552 U.S. 491 (2008), the committee
has determined that a clear statement in the resolution
continues to be warranted. A further discussion of the
committee's views on this matter can be found in Section VIII
of Executive Report 110-12.
VI. Resolution of Advice and Consent to Ratification
Resolved, (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION.
The Senate advises and consents to the ratification of the
Marrakesh Treaty to Facilitate Access to Published Works for
Persons Who Are Blind, Visually Impaired, or Otherwise Print
Disabled, done at Marrakesh on June 27, 2013 (Treaty Doc. 114-
6), subject to the declaration of section 2.
SEC. 2. DECLARATION.
The Senate's advice and consent under section 1 is subject
to the following declaration: The Treaty is not self-executing.
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