The Impact Of The Marrakesh Treaty On The System Of Copy Right Limitations And Exceptions In Ethiopia The Prospects And Challenges.

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Reading for Various purposes is a human rights issue guaranteed by international and regional human rights laws and some international copyright standards. However, there are barriers to these rights. The major barrier is the dynamic interaction of the market, technology and the copyright systems. To be more specific copyright law with is territorial nature that grants monopoly powers to the authors and rights holders is a typical barrier. The issue of obtaining copyrighted literary and artistic works in accessible format copies is a challenge to the blind, the visually impaired or otherwise print disabled persons. To eliminate this problem, the Marrakesh Treaty was adopted on 27 June 2013 and became effective in 30 September 2016. The treaty requires the contracting parties to establish mandatory exceptions or limitations in their copyright systems based on which the relevant entities including VIPs can reproduce, distribute, and make them available to the beneficiaries the copyrighted work without the consent of the authors/ the right holders in appropriate accessible formats copies. In addition, the copyright exceptions and limitations facilitate cross- border exchange of works in accessible format copies. The purpose of this study is to analyze the impact of the Marrakesh Treaty on the exceptions and limitations of the Ethiopian copyright and neighboring rights system, understand whether it is compliant to its principles or not and make possible recommendations.rnTo answer the research questions, the study has employed doctrinal legal research methodology. In addition, both primary and secondary sources of data were used. The primary data sources were the constitution, copyright legislations; rules and regulations of administrative entities. The secondary data sources were books, journal articles, legal commentaries, abstracts and conference papers. Furthermore, on line sources through the internet were the predominant source of information. The texts of data collected from primary and secondary source were qualitatively analyzed and interpreted.rnThe findings of the research showed that the exceptions and limitations in the Ethiopian copyright and neighboring rights protection regime are not compatible to the Marrakesh Treaty for VIPs. Moreover, there are no mandatory copyright exceptions and limitations specific to VIPs in order to facilitate the making and distributions of works inaccessible format copies with in the nation and promote cross-border exchange of the same. These are new obligations imposed by the treaty on the contracting states. Furthermore, there are no specific dispute settlement mechanisms to provide remedies.rnTo conclude, the Ethiopian copyright and neighboring rights system is not compatible to the objectives of the Marrakesh Treaty set for the benefit of the VIPs. In addition, the copyright system failed to enforce the human rights of the VIPs granted by general international human rights laws in (UDHR, ICCPR, ICESCR) and by specific disability law such as UNCRPD and the Marrakesh Treaty. Moreover, currently, the local legal and institutional frameworks of Ethiopian copyright system is not capable of enforcing the obligations required by the above mentioned international laws and the Marrakesh treaty in to its local contexts.rnTherefore, the government with its key stake holders including the VIPs and the content creators/ the rights holders should cooperatively identify groups of VIPs in Ethiopia and understand the extent of their problems. Based on this result the legal and the institutional frame works should be reoriented to accede the Marrakesh. Respect international human rights obligations.

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The Impact Of The Marrakesh Treaty On The System Of Copy Right Limitations And Exceptions In Ethiopia The Prospects And Challenges.

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