The Marrakesh Treaty for Persons with Visual Impairments: the Intersection between Copyright and Human Rights

Abstract: The aim of this research paper is to explore how, and to what extent, the WIPO Marrakesh Treaty addresses the issue of restricted access to copyrighted materials by persons with visual impairments while securing legitimate interests and human rights of the central stakeholders; specifically, copyright rightholders and persons with visual impairments. In doing so, the focus centres on the compromises and flexibilities embedded in the Marrakesh Treaty, and on the function of these constructions in achieving the alleged goal of the Treaty – to facilitate access to copyrighted materials for persons with visual impairments while no harm is done to other interests. The following discourse presents a demand of human rights law to secure rights of the authors and persons with visual impairments. It explores how the Marrakesh Treaty addresses this demand and how it interacts with selective human rights principles. In conclusion, the research paper finds that the Marrakesh Treaty is capable of fulfilling its modest goal and improve access to copyrighted materials for persons with visual impairments while securing legitimate interests and concerns of the copyright rightholders (including human rights of the authors); not to the extent, however, of eradicating all existing copyright-related uncertainties and concerns.