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This book provides a one-stop, comprehensive guide to the Marrakesh Treaty and its relation to copyright protection and disability law.
Beginning with an exploration of the origin and impact of the "global book famine", the book contextualises the role of copyright law in restricting access to the written word. Detailing the core philosophical underpinnings of the debate, the book offers new interpretive insights into the classic justifications of copyright protection through the lens of inclusivity. Additionally, models of disability and their influence over national copyright policies are explored. The social and human rights models of disability, combined with an inclusive interpretation of copyright justifications, are advocated as essential to the Marrakesh Treaty's ability to stimulate meaningful and transformative change. Based on critical textual analysis and an original, panoramic view of the implementation of the Marrakesh Treaty, the book raises awareness of key successes and challenges in the Treaty's operation thus far. It highlights remaining gaps between the Treaty's framework and national implementing laws, and provides suggestions for the improvement of the Treaty's text, implementation, and practical impact.
The book will be of interest to researchers in the field of copyright law, policy, and disability rights legal theory.
List of contents
Introduction
1. The Global Book Famine - Exploring its Origin, Impact, and Resolution
2. Exclusive Rights and the Confinement of Exceptions & Limitations - Examining the Role of International Copyright Law in the Global Book Famine
3. From Exclusive Rights to Inclusive Rights - (Re)Interpreting the Classic Justifications of Copyright Protection through a Lens of Inclusivity
4. Disability Models, Substantive Rights, and Legal Obligations - Modelling Copyright Law on Disability Rights Principles
5. Interpretive Insights, Internal Flexibilities, and National Choices - Unpacking and Enhancing the Marrakesh Treaty
6. International Obligations, National Approaches, and Remaining Gaps - Global Perspectives on the Implementation of the Marrakesh Treaty
7. National Copyright Laws, Disability Policies, and Constitutional Provisions - Understanding Contracting Parties Yet to Implement the Marrakesh Treaty
Conclusion
About the author
Kieran James Mitchell is a Lecturer in Law and Social Sciences with research expertise in intellectual property law and disability rights law. Building on his LLM in Intellectual Property Law and completed PhD at the University of Leeds, his research keenly focuses on the unique intersection between copyright and disability rights law on legal and theoretical levels. With accreditation as a Fellow of Advance HE and numerous awards in recognition of his contributions to teaching delivery and student experience, he is actively engaged in teaching and scholarship at the University of York.
