Government Brings Civil Code in Line with Marrakesh Treaty

On 16 June, the State Duma received a draft law prepared by the Government on amendments to Article 1274 of the Civil Code of Russia (No. 1193643-7). The draft law is developed to bring the Russian legislation in line with the provisions of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (hereinafter the “Marrakesh Treaty”), to which the Russian Federation acceded in 2018.

Article 1274 of the Civil Code of Russia already provides for a possibility to use — with no intent to derive profit — works that are lawfully made public, without the right holder’s consent and without paying such a right holder a fee, by creating, reproducing, and distributing these works in special formats (using raised dots and other special methods) intended for use by those who are blind and visually impaired.

The draft law also establishes a possibility to import copies of such works and expands a range of beneficiaries of this regulation: in addition to those who are blind and visually impaired, persons who are otherwise print disabled as defined in the Marrakesh Treaty will also have a right of access to such copies.

The draft law also supplements Article 1274 with the right of libraries and organizations determined by the Government and protecting the rights and interests of disabled persons to internationally exchange copies of the works created in special formats with competent authorities of foreign states.