Bridging a Gap in US Implementation of the Marrakesh Treaty
DOI:
https://doi.org/10.17161/jcel.v9i1.24261Abstract
The Marrakesh Treaty is a landmark achievement in international copyright law, providing the first user rights-based treaty focused on improving access to copyrighted works for people with disabilities. While provisions of the Treaty are based on US copyright law, there is a gap in US implementation of the law when it comes to the Treaty’s provisions on technological measures. This article examines the challenges this gap presents to people with disabilities and proposes potential legislative solutions for the US Congress to achieve full compliance with the Marrakesh Treaty while addressing the global book famine.
References
17 U.S.C. § 121, § 121A (2018).
141 Cong. Rec. S9061 (1996). (Statement of Sen. Chafee). https://www.congress.gov/104/crec/1996/07/29/142/113/CREC-1996-07-29-pt1-PgS9061.pdf
ARL/CARL Task Force on Marrakesh Treaty Implementation. (2023, December). ARL/CARL Task Force on Marrakesh Treaty Implementation: Final report. Association of Research Libraries & Canadian Association of Research Libraries. https://doi.org/10.29242/report.marrakesh2023
U.S. Copyright Office, Library of Congress. (2003, October 31). Exemption to prohibition on circumvention of copyright protection systems for access control technologies. Federal Register, 68(211), 62011–62012. https://www.copyright.gov/fedreg/2003/68fr2011.pdf
U.S. Copyright Office, Library of Congress. (2010, July 27). Exemption to prohibition on circumvention of copyright protection systems for access control technologies. Federal Register, 75(143), 43825–43839. https://www.govinfo.gov/content/pkg/FR-2010-07-27/pdf/2010-18339.pdf
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Copyright (c) 2026 Katherine Klosek
This work is licensed under a Creative Commons Attribution 4.0 International License.
