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5 - A Copyright Limitations Treaty Based on the Marrakesh Model: Nightmare or Dream Come True?

from Part II - Internationalizing Copyright Exceptions

Published online by Cambridge University Press:  15 January 2021

Shyamkrishna Balganesh
Affiliation:
University of Pennsylvania Law School
Ng-Loy Wee Loon
Affiliation:
National University of Singapore School of Law
Haochen Sun
Affiliation:
University of Hong Kong Faculty of Law
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Summary

With the adoption of the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or Otherwise Print Disabled (hereinafter “Marrakesh Treaty” or “MT”), in 2013, the international copyright community has shown its willingness to take further steps in the harmonization of limitations and exceptions (“L&Es”) in the field of copyright. However, the Marrakesh Treaty is only the tip of the iceberg. Its preparation and negotiation took place against the background of a much broader debate over the introduction of so-called “ceilings” in international copyright law: binding rules that set a maximum level of permissible protection. While the Marrakesh Treaty had success and became reality, the bigger project of regulating the ceilings of copyright protection in an international instrument is still pending.

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Publisher: Cambridge University Press
Print publication year: 2021

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