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2 results

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

  • from Part II - Internationalizing Copyright Exceptions
  • Edited by Shyamkrishna Balganesh, University of Pennsylvania Law School, Ng-Loy Wee Loon, Haochen Sun
  • Book:
    The Cambridge Handbook of Copyright Limitations and Exceptions
    Published online:
    15 January 2021
    Print publication:
    07 January 2021, pp 74-90

  • 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.

  • Amending Chinese Copyright Law to Fulfil Obligations under the Marrakesh Treaty to Facilitate Access to Published Works for the Print Disabled

  • Jingyi Li, Niloufer Selvadurai
  • Journal:
    The China Quarterly / Volume 240 / December 2019
    Published online by Cambridge University Press:
    08 April 2019, pp. 1066-1086
    Print publication:
    December 2019

  • Chinese copyright laws have not yet given sufficient consideration to copyright exceptions or limitations to facilitate access to copyright works for persons with a print disability. Now that China has become a signatory party of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, it would be significant if China could amend its copyright laws so as to end the “book famine” for a huge population with a print disability. The objective of this paper is to evaluate the effectiveness of Chinese copyright exceptions for the print disabled and propose amendment options for China's copyright law to ensure compliance with its signatory obligations. To this end, the paper provides an overarching examination of China's copyright exception arrangements for the print disabled, identifies the gap between Chinese copyright laws and the Marrakesh Treaty, and analyses previous proposals on copyright law reform.