Implementation Of Marrakesh Treaty In India: A Critical Analysis Of Section 52(1)(zb) Of The Copyright Act In India
- IJLLR Journal
- 2 hours ago
- 1 min read
Tetiksha Shree, Assistant Professor, United University, Prayagraj
Vipul Vaibhav, Assistant Professor, Usha Martin University, Ranchi
1. Introduction
Access to books and learning resources continues to be a major challenge for individuals who are blind, visually impaired, or otherwise unable to read standard print. Although copyright law aims to safeguard the interests of authors and publishers, it often has the unintended effect of limiting the availability of materials in accessible formats like Braille, audiobooks, or digital text. This widespread issue is commonly referred to as the “book famine.” In response to this concern, the Marrakesh Treaty of 2013 was introduced under the World Intellectual Property Organization. The treaty marks an important development in international copyright law, as it shifts the focus toward promoting inclusivity, ensuring equal access to knowledge, and upholding the dignity of persons with disabilities.
India responded proactively to this development. Through the Copyright (Amendment) Act, 2012, it introduced Section 52(1)(zb) into the Copyright Act, 1957, even before formally ratifying the Treaty. This provision permits the conversion of copyrighted works into accessible formats and allows their distribution to persons with disabilities under specified conditions. It reflects an important recognition that copyright protection must coexist with the constitutional commitment to equality, education, and social justice.
However, the mere existence of a legal provision does not automatically ensure meaningful access. Questions remain about how effectively Section 52(1)(zb) operates in practice, how broadly its safeguards are interpreted, and whether procedural requirements create unintended obstacles. Concerns relating to the role of authorized entities, technological protection measures, and awareness among stakeholders also influence its real-world impact.
