Revamping the EU Marrakesh Directive: Wishful Thinking or the Way Forward to Furthering Disability Rights and Enhancing Cultural Diversity?

Abstract The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (Marrakesh Treaty) was concluded by the European Union (EU) in 2018. It was implemented by means of Directive 2017/1564/EU (Marrakesh Directive) and Regulation 2017/1563/EU (Marrakesh Regulation). The role of both these pieces of legislation in advancing disability rights has been widely acknowledged by scholarship and organisations of persons with disabilities alike. However, disability advocacy and, most recently, the UN Committee on the Rights of Persons with Disabilities have called for a revision of the Marrakesh Directive in the part in which it allows Member States to adopt compensation schemes for copyright holders. Taking into account these quests for reform, this article reflects on the current strengths and pitfalls of the Marrakesh Directive and on potential amendments that may foster disability rights. In doing so, the article also interrogates whether a recast of the Marrakesh Directive may support cultural diversity in the EU. On the whole, the article argues that a recast of the Marrakesh Directive is desirable from a disability perspective, supports further harmonisation in EU copyright law and has the potential to bolster cultural diversity.