Agreed Statements concerning the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled

adopted by the Diplomatic Conference to Conclude a Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities in Marrakesh, on June 27, 2013

Concerning Article 2(a):  For the purposes of this Treaty, it is understood that this definition includes such works in audio form, such as audiobooks. 

Concerning Article 2(c):  For the purposes of this Treaty, it is understood that "entities recognized by the government" may include entities receiving financial support from the government to provide education, instructional training, adaptive reading or information access to beneficiary persons on a non-profit basis.

Concerning Article 3(b):  Nothing in this language implies that "cannot be improved" requires the use of all possible medical diagnostic procedures and treatments.

Concerning Article 4(3):  It is understood that this paragraph neither reduces nor extends the scope of applicability of limitations and exceptions permitted under the Berne Convention, as regards the right of translation, with respect to persons with visual impairments or with other print disabilities.

Concerning Article 4(4):  It is understood that a commercial availability requirement does not prejudge whether or not a limitation or exception under this Article is consistent with the three-step test.

Concerning Article 5(1):  It is further understood that nothing in this Treaty reduces or extends the scope of exclusive rights under any other treaty.

Concerning Article 5(2):  It is understood that, to distribute or make available accessible format copies directly to a beneficiary person in another Contracting Party, it may be appropriate for an authorized entity to apply further measures to confirm that the person it is serving is a beneficiary person and to follow its own practices as described in Article 2(c).

Concerning Article 5(4)(b):  It is understood that nothing in this Treaty requires or implies that a Contracting Party adopt or apply the three-step test beyond its obligations under this instrument or under other international treaties.

Concerning Article 5(4)(b):  It is understood that nothing in this Treaty creates any obligations for a Contracting Party to ratify or accede to the WCT or to comply with any of its provisions and nothing in this Treaty prejudices any rights, limitations and exceptions contained in the WCT.

Concerning Article 6:  It is understood that the Contracting Parties have the same flexibilities set out in Article 4 when implementing their obligations under Article 6.

Concerning Article 7:  It is understood that authorized entities, in various circumstances, choose to apply technological measures in the making, distribution and making available of accessible format copies and nothing herein disturbs such practices when in accordance with national law.

Concerning Article 9:  It is understood that Article 9 does not imply mandatory registration for authorized entities nor does it constitute a precondition for authorized entities to engage in activities recognized under this Treaty;  but it provides for a possibility for sharing information to facilitate the cross-border exchange of accessible format copies.

Concerning Article 10(2):  It is understood that when a work qualifies as a work under Article 2(a), including such works in audio form, the limitations and exceptions provided for by this Treaty apply mutatis mutandis to related rights as necessary to make the accessible format copy, to distribute it and to make it available to beneficiary persons.