Ecuador Establishes Technical Standard for Authorized Entities Under Marrakesh Treaty

By Robalino

Ecuador has taken a significant step towards improving access to literature for individuals with visual impairments and other print disabilities by establishing a technical standard regulating authorized entities under the Marrakesh Treaty.

This standard clarifies the definition of "authorized entity" within Ecuador's legal framework, aligning with the treaty's core principles. An authorized entity, as defined in this context, is a non-profit organization or public institution recognized by Ecuador to provide services to beneficiary persons. These services encompass education, instructional training, adaptive reading support, and information access. This definition extends to entities whose primary activities, institutional obligations, or public-interest missions include providing these same services.

The Marrakesh Treaty, administered by the World Intellectual Property Organization (WIPO), is a landmark international agreement designed to facilitate the creation and cross-border exchange of accessible format books for people who are blind, visually impaired, or otherwise print disabled. It achieves this by establishing limitations and exceptions to traditional copyright law.

Adopted on June 27, 2013, the treaty defines "beneficiary persons" as individuals with a range of disabilities that hinder their ability to read printed materials effectively. This includes individuals who are blind, have learning disabilities, physical disabilities, or visual impairments that prevent them from reading and understanding printed material, or from holding or manipulating books or other printed works. The treaty applies to works “in the form of text, notation and/or related illustrations, whether published or otherwise made publicly available in any media,” including audiobooks, recognizing the diverse formats in which information can be conveyed.

A key element of the Marrakesh Treaty is its recognition of the vital role played by authorized entities. These entities, operating on a non-profit basis, are permitted to create accessible format copies of published works for non-commercial lending or electronic distribution, provided that access to the original work is lawful. These entities are authorized to make only the necessary modifications to render the work accessible and must ensure that the copies are exclusively for use by beneficiary persons.

The treaty mandates that signatory countries incorporate exceptions or limitations into their national copyright laws to permit the reproduction and dissemination of accessible format copies. Furthermore, to promote the international circulation of accessible format books, the treaty includes provisions for the import and export of these copies under specific conditions. Specifically, a copy may be imported without authorization from the copyright holder, and authorized entities can export accessible format copies to beneficiary persons or other authorized entities for the exclusive use of beneficiary persons.

Ecuador's ratification of the Marrakesh Treaty on 2016 underscored its commitment to improving access to information for its citizens with print disabilities. This commitment is further reinforced by the newly issued technical standard, which provides a concrete framework for implementing the treaty's provisions within Ecuador. This framework is crucial for ensuring that the rights afforded by the treaty translate into tangible benefits for beneficiary persons in Ecuador. Further research into the specific details of Ecuador's technical standard and its implementation would provide a more complete understanding of its impact. Additional sources, such as the official WIPO website and reports from organizations working on accessibility issues, could provide further context and analysis.