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3 - The Weakening of the Exception Paradigm: The World Intellectual Property Organization Changes Path with the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled

Published online by Cambridge University Press:  01 June 2017

Paul Harpur
Affiliation:
University of Queensland
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Summary

This chapter introduces the social construct of copyright and analyses how it is limiting the capacity of people to exercise their human rights. International copyright law reluctantly adopts an exception approach to persons with disabilities. The international community has enshrined the notion that copyright interests should be protected. Under the Berne Convention for the Protection of Literary and Artistic Works (‘Berne Convention’) international copyright law establishes the notion that people who create works or purchase the rights to such works have the exclusive right to exploit how their work is used. An exception to this position is the Three-Step Test, which contains an exception to the general position that a person cannot deal with a work without obtaining permission from the rights holder. The adoption of the Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled represents a significant shift in how WIPO and international copyright law approaches persons with print disabilities. This chapter argues that the Marrakesh Treaty represents a significant step in moving international copyright laws from exceptionalism towards inclusion.
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Chapter
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Discrimination, Copyright and Equality
Opening the e-Book for the Print-Disabled
, pp. 64 - 92
Publisher: Cambridge University Press
Print publication year: 2017

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