On the Ratification of the Marrakesh Treaty on Facilitating the Access of the Blind and Persons with Visual Impairments or Other Print Disabilities to Published Works

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The Law of the Republic of Kazakhstan dated January 28, 2025 No. 161-VIII SAM.

To ratify the Marrakesh Treaty on Facilitating Access of the Blind and Persons with Visual Impairments or Other Print Disabilities to Published Works, signed in Marrakech on June 27, 2013.

President

Republic of Kazakhstan

K. TOKAEV

The Marrakesh Treaty on Facilitating the Access of the Blind and Persons with Visual Impairments or Other Print Disabilities to Published Works *

content

The preamble

Article 1:

Relation to other conventions and treaties

Article 2:

Definitions

Article 3:

Beneficiaries

Article 4:

Restrictions and exceptions provided for by national legislation in relation to copies in an accessible format

Article 5:

Cross-border exchange of copies in an accessible format

Article 6:

Importing copies in an accessible format

Article 7:

Obligations regarding technical measures

Article 8:

Privacy

Article 9:

Cooperation to facilitate cross-border exchange

Article 10:

General principles of application

Article 11:

General obligations regarding limitations and exclusions

Article 12:

Other limitations and exceptions

Article 13:

The Assembly

Article 14:

The International Bureau

Article 15:

Right to participate in the Contract

Article 16:

Rights and obligations under the Agreement

Article 17:

Signing of the Agreement

Article 18:

Entry into force of the Agreement

Article 19:

Start date of participation in the Agreement

Article 20:

Denunciation of the Agreement

Article 21:

Languages of the Agreement

Article 22:

The Depository

* This Agreement was adopted by the Diplomatic Conference on the Conclusion of a Treaty on Facilitating Access to Published Works by Persons with Visual Impairments and Persons with Print Disabilities on June 27, 2013.

The preamble

The Contracting Parties,

Recalling the principles of non-discrimination, equal opportunities, accessibility and full and effective inclusion and inclusion in society, as proclaimed in the Universal Declaration of Human Rights and the United Nations Convention on the Rights of Persons with Disabilities,

Bearing in mind the problems that damage the diverse development of persons with visual impairments or other print disabilities, which limits their freedom of expression, including the freedom, on an equal basis with others, to seek, receive and disseminate information and ideas of any kind through all forms of communication of their choice, the exercise of their right to education and the opportunity to conduct scientific research,

Emphasizing the importance of copyright protection as an incentive to literary and artistic creativity and as a reward for such creativity, and as an opportunity for everyone, including those with visual impairments or other print disabilities, to participate in the cultural life of society, enjoy art, and benefit from the results and benefits of scientific progress,

Aware of the barriers preventing people with visual impairments and other print disabilities from accessing published works in order to realize equal opportunities in society, and the need to both increase the number of works in accessible formats and improve the turnover of such works,

Considering that the majority of people with visual impairments or other print disabilities live in developing and least developed countries,

Recognizing that, despite differences in national copyright legislation, strengthening the regulatory framework at the international level can enhance the positive impact of new information and communication technologies on the lives of people with visual impairments or other print disabilities,

Recognizing that many Member States have established limitations and exceptions in their national copyright legislation for persons with visual impairments or other print disabilities, but there is still a shortage of copies of existing works in accessible formats for such persons, that their efforts to make the works accessible to these individuals require significant resources and that the lack of opportunities for cross-border exchange of copies in accessible formats entails the need to duplicate these efforts,

Recognizing both the importance of the role of copyright holders in making their works accessible to people with visual impairments or other print disabilities, and the importance of setting appropriate restrictions and exceptions to ensure that works are accessible to these people, especially when the market is unable to ensure such accessibility,

Recognizing the need to maintain a balance between the effective protection of authors' rights and the interests of the general public, especially in the areas of education, research and access to information, and that such a balance should facilitate effective and timely access to works for the benefit of persons with visual impairments or other print disabilities,

Reaffirming the obligations of the Contracting Parties under existing international copyright treaties and the importance and flexibility of the three-step verification of limitations and exceptions provided for in article 9(2) of the Berne Convention for the Protection of Literary and Artistic Works and other international instruments,

Recalling the importance of the recommendations of the Development Agenda adopted in 2007 by the General Assembly of the World Intellectual Property Organization (WIPO), which aim to ensure that development considerations are an integral part of the Organization's activities,

Recognizing the importance of the international copyright system and desiring to harmonize restrictions and exclusions in order to facilitate access to and use of works for persons with visual impairments or other print disabilities,

We have agreed on the following:

Article 1

Relation to other conventions and treaties

Nothing in this Agreement shall detract from any obligations that the Contracting Parties have towards each other under any other agreements, and shall not infringe on any rights that the Contracting Parties have under any other agreements.

Article 2

Definitions

For the purposes of this Agreement:

(a) "works" are literary or artistic works within the meaning of article 2(1) of the Berne Convention for the Protection of Literary and Artistic Works in the Form of text, musical Notation and/or related illustrations, whether published or otherwise made publicly available by any means of information1;

(b) "copy in an accessible format" means a copy of a work in an alternative form or form that provides the beneficiary with access to the work, including allowing him to have the same real and convenient access as a person without visual impairment or other limited ability to perceive printed information. A copy in an accessible format is used exclusively by the beneficiaries, and it must respect the integrity of the original work, with due regard to the changes necessary to make the work available in an alternative format and the accessibility needs of the beneficiaries.;

(c) "Authorized body" means an authority authorized or recognized by the Government as an authority providing educational, vocational training, adaptive reading, or information access services to beneficiaries on a non-commercial basis. It also includes a government agency or non-profit organization that is engaged in providing similar services to beneficiaries as one of its main activities or institutional obligations.2

The authorized body determines and follows its own practice:

(i) to determine whether the persons served by it are beneficiaries;

(ii) to limit the distribution and provision of copies in an accessible format by beneficiaries and/or authorized authorities;

(iii) to prevent the reproduction, distribution and provision of unauthorized copies; and

(iv) to take due care and record-keeping when handling copies of works and to ensure the privacy of the beneficiaries in accordance with article 8.

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1The Agreed statement on article 2 (a): For the purposes of this Treaty, it is understood that this definition includes works in audio form such as audiobooks.

2 Agreed Statement on article 2 (c): For the purposes of this Treaty, it is understood that bodies recognized by the Government may include bodies receiving financial support from the Government for the purpose of providing education, vocational training, adaptive reading or access to information for the benefit of beneficiaries on a non-profit basis.

Article 3

Beneficiaries

A beneficiary is a person who:

(a) is blind;

(b) has a visual impairment or a limited ability to perceive or read that cannot be corrected so that the visual function is substantially equivalent to that of a person who does not have such a disability or such a limited ability and who is therefore largely unable to read printed works to the same extent as a person with no disability or limited ability; or3

(c) is otherwise unable to hold or handle a book due to a physical disability, or to focus or move his eyes to the extent that would normally be acceptable for reading;

regardless of any other violations.

_____________

3 Agreed statement on article 3 (b): Nothing in this wording implies that the expression "cannot be corrected" means the requirement to use all possible medical diagnostic procedures and treatments.

Article 4

Restrictions and exceptions provided for by national legislation in relation to copies in an accessible format

1. (a) The Contracting Parties shall provide in their national copyright legislation for the limitation or exclusion of the right to reproduce, distribute and make available to the public, as provided for in the WIPO Copyright Treaty (WPA), in order to facilitate the availability of copies of works in an accessible format to beneficiaries.. The restriction or exclusion provided for in national legislation should allow for the necessary changes to be made in order for the work to be available in an alternative format.

(b) The Contracting Parties may also provide for a restriction or exclusion on the right to public performance in order to facilitate access to the work for the beneficiaries.

2. A Contracting Party may comply with the provisions of article 4(1) in respect of all the rights referred to therein by providing for the following limitation or exclusion in its national copyright legislation:

(a) authorized bodies are allowed, without the consent of the copyright holder, to produce copies of the work in an accessible format, receive a copy in an accessible format from another authorized body and make these copies available to the beneficiaries in any way, including non-commercial rental or electronic communication by wire or wireless means, and take any interim measures to achieve these goals, if all of the conditions listed below:

(i) the authorized body wishing to carry out the specified activity has legal access to this work or to a copy of this work.;

(ii) the work is converted into a copy in an accessible format, which may include any means necessary to view information in an accessible format, but does not involve making changes other than those necessary for the work to be accessible to the beneficiary.;

(iii) such copies in an accessible format are provided solely for the use of the beneficiaries; and

(iv) this activity is carried out on a non-commercial basis;

and

(b) the beneficiary or another person acting on his behalf, including the primary guardian or caregiver, may produce copies of the work in an accessible format for the beneficiary's personal use or may otherwise assist the beneficiary in the production and use of copies in an accessible format if the beneficiary has legitimate access to the work or to a copy. this work.

3. A Contracting Party may comply with the requirements of Article 4(1) by providing for other restrictions or exceptions in its national copyright legislation in accordance with Articles 10 and 114.

4. The Contracting Parties may limit the application of the restrictions and exceptions provided for in this Article to works that, in a certain accessible format, cannot be obtained commercially on reasonable terms for the beneficiaries in this market. Any Contracting Party availing itself of this opportunity shall so declare in a notification deposited with the Director General of WIPO at the time of acceptance, ratification or accession to this Treaty or at any time thereafter.5

5. The need to pay remuneration in the case of the application of restrictions or exceptions provided for in this article is determined by national legislation.

________________

4 Agreed statement on article 4(3): It is understood that this paragraph does not narrow or expand the scope of the limitations and exceptions permitted under the Berne Convention with respect to the right to translation in relation to persons with visual impairments or other print disabilities.

5 Agreed statement on article 4(4): It is understood that the requirement of the possibility of commercial acquisition does not prejudge the question of whether the restriction or exclusion under this article complies with the three-step verification or not.

Article 5

Cross-border exchange of copies in an accessible format

1. The Contracting Parties provide that if a copy in an accessible format is produced in accordance with a restriction or exception or by virtue of law, this copy in an accessible format may be distributed or provided by an authorized body to the beneficiary or an authorized body in another Contracting Party.6

2. A Contracting Party may comply with the requirements of Article 5(1) by providing for the following limitation or exception in its national copyright legislation:

(a) authorized authorities are authorized, without the consent of the copyright holder, to distribute or provide copies in an accessible format to an authorized body in another Contracting Party for the exclusive use of beneficiaries; and

(b) in accordance with Article 2 (c), authorized authorities are allowed, without the consent of the copyright holder, to distribute or provide copies in an accessible format to beneficiaries in another Contracting Party.;

provided that prior to distribution or provision, the original authorized body did not know or had no reasonable reason to know that a copy in an accessible format would not be used in the interests of the beneficiaries.7

3. A Contracting Party may comply with the requirements of Article 5(1) by providing for other restrictions or exceptions in its national copyright legislation in accordance with Articles 5(4), 10 and 11.

4. (a) If the authorized body of a Contracting Party receives copies in an accessible format in accordance with Article 5(1) and that Contracting Party is not bound by Article 9 of the Berne Convention, it shall ensure, in accordance with its legal system and practice, that copies in an accessible format are reproduced, distributed or made available only in in the interests of the beneficiaries within the jurisdiction of this Contracting Party.

(b) The distribution and provision of copies in an accessible format by an authorized body in accordance with Article 5(1) is limited to the jurisdiction of a Contracting Party, unless that Contracting Party is a party to the WIPO Copyright Treaty or otherwise restricts the limitations and exceptions in the application of this Treaty with respect to the right to distribute and the right to making public certain special cases, which do not prejudice the normal use of the work and do not unreasonably infringe on the legitimate interests of the rightholder.8,9

(c) Nothing in this article affects the definition of what exactly constitutes an act of distribution or an act of making available to the general public.

5. Nothing in this Agreement should be used for the purpose of resolving the issue of exhaustion of rights.

______________

6 Agreed statement on article 5(1): It is further understood that nothing in this Treaty narrows or expands the scope of exclusive rights provided for in any other treaty.

7 Agreed statement on Article 5(2): It is understood that in order to distribute or provide copies in an accessible format directly to the beneficiary in another Contracting Party, it may be appropriate for the authorized body to take additional measures to confirm that the person it serves is the beneficiary and to follow its own practice, as described in Article 2 (c).

8 Agreed Statement on Article 5(4)(b): It is understood that nothing in this Treaty requires or presupposes that a Contracting Party adopt or apply a three-step verification outside the scope of its obligations under this Treaty or other international treaties.

9 Agreed Statement on Article 5(4)(b): It is understood that nothing in this Treaty creates any obligation for a Contracting Party to ratify or accede to the DPA or comply with any of its provisions, and nothing in this Treaty affects any rights, limitations or exceptions provided for in the DPA.

Article 6

Importing copies in an accessible format

If the national legislation of a Contracting Party allows the beneficiary, a person acting on his behalf, or an authorized body to produce copies of the work in an accessible format, the national legislation of that Contracting Party also allows them to import copies in an accessible format in the interests of the beneficiaries without the consent of the copyright holder.10

______________

10 Agreed statement on Article 6: It is understood that in fulfilling their obligations under Article 6, the Contracting Parties shall ensure the same flexibilities provided for in Article 4.

Article 7

Obligations regarding technical measures

The Contracting Parties shall take appropriate measures, if necessary, to ensure that, where they provide for adequate legal protection and effective remedies against circumvention of effective technical measures, this legal protection does not prevent beneficiaries from enjoying the limitations and exceptions provided for in this Treaty.11

______________

11 Agreed statement on article 7: It is understood that authorized authorities may, in various circumstances, apply technical measures in the manufacture, distribution and provision of copies in an accessible format and that nothing in this Treaty prevents such practices if they comply with national legislation.

Article 8

Privacy

In applying these restrictions and exceptions provided for in this Agreement, the Contracting Parties shall make efforts to protect the privacy of beneficiaries on an equal basis with others.

Article 9

Cooperation to facilitate cross-border exchange

1. The Contracting Parties shall make efforts to facilitate the cross-border exchange of copies in an accessible format by encouraging the voluntary exchange of information in order to assist authorized bodies in identifying each other. For this purpose, the International Bureau of WIPO establishes an information access point.

2. The Contracting Parties undertake to provide assistance to their authorized bodies carrying out activities in accordance with Article 5 in order to provide information on the practical performance of their functions provided for in Article 2 (c), both through the exchange of information between authorized bodies and by providing information on their policies and practices, including those related to cross-border exchange of copies in accessible formats, to interested parties and the general public, as appropriate.

3. The International Bureau of WIPO is invited to provide information, if any, on the functioning of this Treaty.

4. The Contracting Parties recognize the importance of international cooperation and its development in support of national efforts to achieve the goals and objectives of this Treaty.12

________________

12 Agreed statement on article 9: It is understood that article 9 does not imply mandatory registration of authorized bodies and does not stipulate the participation of authorized bodies in the activities provided for in this Treaty; however, it provides for the possibility of exchanging information in order to facilitate the cross-border exchange of copies in an accessible format.

Article 10

General principles of application

1. The Contracting Parties undertake to take the necessary measures to ensure the application of this Treaty.

2. Nothing prevents the Contracting Parties from determining the appropriate method of applying the provisions of this Treaty in their legal systems and practices.13

3. The Contracting Parties may exercise their rights and obligations under this Treaty through specific restrictions or exceptions in the interests of beneficiaries, other restrictions or exceptions, or a combination thereof within their national legal system and practice. They may include judicial, administrative, or regulatory rulings in the interests of beneficiaries regarding fair practices, fair transactions, or fair use to meet their needs in accordance with the rights and obligations of the Contracting Parties under the Berne Convention, other international treaties, and article 11.

_______________

13 Agreed Statement on article 10(2): It is understood that if a work falls within the definition of a work in accordance with article 2, including such works in audio form, the limitations and exclusions provided for in this Agreement shall apply mutatis mutandis to related rights, insofar as it is necessary to produce a copy in an accessible format., its distribution and provision to beneficiaries.

Article 11

General obligations regarding limitations and exclusions

In taking the necessary measures to ensure the application of this Treaty, a Contracting Party may exercise the rights and fulfill the obligations that this Contracting Party has under the Berne Convention, the Agreement on Trade-Related Aspects of Intellectual Property Rights and the DPA, including agreements on their interpretation, so that:

(a) In accordance with article 9(2) of the Berne Convention, a Contracting Party could authorize the reproduction of works in certain special cases, provided that such reproduction does not prejudice the normal use of the work and does not unreasonably prejudice the legitimate interests of the author.;

(b) In accordance with article 13 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, a Contracting Party has limited restrictions or exclusions on exclusive rights to certain special cases that do not prejudice the normal use of the work and do not unreasonably prejudice the legitimate interests of the copyright holder.;

(c) In accordance with Article 10(1) of the WIPO Copyright Treaty, a Contracting Party could provide for restrictions or exceptions to the rights granted to authors under the CAP in certain special cases that do not prejudice the normal use of the work and do not unreasonably prejudice the legitimate interests of the author.;

(d) In accordance with article 10(2) of the WIPO Copyright Treaty, when applying the Berne Convention, a Contracting Party has established any restrictions or exceptions to rights in certain special cases that do not prejudice the normal use of the work and do not unreasonably prejudice the legitimate interests of the author.

Article 12

Other limitations and exceptions

1. The Contracting Parties recognize that a Contracting Party may establish in its national legislation other restrictions and exceptions with respect to copyright in the interests of beneficiaries than those provided for in this Treaty, taking into account the economic situation of that Contracting Party and its social and cultural needs, in accordance with the international rights and obligations of that Contracting Party, and in the case of the least developed country - taking into account its special needs and special international rights and obligations, as well as the flexibilities that result from them.

2. This Treaty is without prejudice to other restrictions and exceptions provided for by national legislation in the interests of persons with violations.

Article 13

The Assembly

1. (a) The Contracting Parties shall establish an Assembly.

(b) Each Contracting Party is represented in the Assembly by one delegate, who may have alternates, advisers and experts.

(c) The costs of each delegation shall be borne by the Contracting Party that appointed it. The Assembly may request WIPO to provide financial assistance to facilitate the participation of delegations from those Contracting Parties that are considered developing countries in accordance with the established practice of the United Nations General Assembly or that are countries in the process of transition to a market economy.

2. (a) The Assembly shall consider matters related to the maintenance, development, application and functioning of this Treaty.

(b) The Assembly shall exercise the function assigned to it under article 15 with respect to the admission of certain intergovernmental organizations to participate in this Treaty.

(c) The Assembly shall decide on the convening of any diplomatic conference for the revision of this Treaty and give the necessary instructions to the Director General of WIPO for the preparation of such a diplomatic conference.

3. (a) Each Contracting Party, which is a State, has one vote and votes only on its own behalf.

(b) Any Contracting Party that is an intergovernmental organization may vote in place of the member States of such organization with a number of votes equal to the number of member States of such organization that are parties to this Treaty. Such an intergovernmental organization does not participate in the voting if any of its member States exercises its right to vote, and vice versa.

4. The Assembly shall meet in regular session upon convocation by the Director General and, in the absence of exceptional circumstances, at the same time and place as the General Assembly of WIPO.

5. The Assembly shall endeavour to take its decisions by consensus and establish its own rules of procedure, including with regard to the convening of extraordinary sessions, quorum requirements and, subject to the provisions of this Treaty, the majority required to take various decisions.

Article 14

The International Bureau

The International Bureau of WIPO performs the administrative functions in relation to this Agreement.

Article 15

Right to participate in the Contract

1. Any Member State of WIPO may become a Party to this Agreement.

2. The Assembly may decide on the admission to this Treaty of any intergovernmental organization that declares that it has the competence and its own regulatory framework binding on all Member States of such an organization on matters governed by this Treaty, and that it is duly authorized, in accordance with its internal procedures, to become a party to this Treaty.

3. The European Union may become a Party to this Treaty by making the declaration referred to in the preceding paragraph at the Diplomatic Conference that adopted this Treaty.

Article 16

Rights and obligations under the Agreement

Unless this Agreement contains any special provisions to the contrary, each Contracting Party shall enjoy all rights and assume all obligations under this Agreement.

Article 17

Signing of the Agreement

This Agreement is open for signature by any eligible party at a Diplomatic Conference in Marrakech after its adoption, and thereafter for one year at the WIPO headquarters.

Article 18

Entry into force of the Agreement

This Treaty shall enter into force three months after the deposit of their instruments of ratification or accession by the 20 eligible parties referred to in article 15.

Article 19

Start date of participation in the Agreement

This Agreement becomes binding:

(a) for the 20 eligible parties referred to in article 18 from the date of entry into force of this Treaty;

(b) for each other eligible Party referred to in Article 15, three months after the date of its deposit of its instrument of ratification or accession with the Director General of WIPO.

Article 20

Denunciation of the Agreement

Any Contracting Party may denounce this Agreement by notification addressed to the Director General of WIPO. Any denunciation shall take effect one year after the date of receipt of the notification by the Director General of WIPO.

Article 21

Languages of the Agreement

1. This Agreement shall be signed in a single copy in the Arabic, Chinese, English, French, Russian, Spanish and English languages, all texts in these languages being equally authentic.

2. The official text in any language other than those specified in paragraph (1) shall be approved by the Director General of WIPO at the request of the interested party after consultation with all interested parties. For the purposes of this paragraph, "interested party" means any Member State of WIPO, the official language or one of the official languages of which is the subject of the request, as well as the European Union and any other intergovernmental organization that may become a party to this Treaty if the subject of the request is one of its official languages.

Article 22

The Depository

The Director General of WIPO is the depositary of this Agreement.

Done at Marrakesh on the twenty-seventh day of June, 2013.

I hereby confirm that the above is an authentic copy of the original text in Russian of the Marrakesh Treaty on Facilitating Access to Published Works for the Blind and Persons with Visual Impairments or Other Print Disabilities, adopted on June 27, 2013.

General manager

Anna Moravec Mansfield

President

Republic of Kazakhstan

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