Approval Of The Amendment Of The Copyright Law To Recognise WIPO’s Marrakesh Treaty

On 12 May 2026, Tunisia’s parliament (the General Legislation Committee of the Assembly of People’s Representatives) approved amendments to the country’s copyright law (Law No. 36 on Literary and Artistic Property of 1994) to recognise the Marrakesh Treaty. The amendment has been outstanding for almost a decade, as Tunisia acceded to the treaty in 2016.

The Marrakesh Treaty aims to improve access to published literary and artistic works for people who are blind, visually impaired or otherwise print-disabled (“beneficiary persons”). The Treaty requires contracting states to create copyright exceptions in their national laws to give effect to its objectives. For example, Article 4 of the Treaty provides that contracting parties’ national copyright laws must provide for an exception to the right of reproduction and distribution, among others, of the relevant works, to facilitate the availability of works in accessible formats for beneficiary persons. The exceptions include permitting changes needed to make the work accessible in alternative formats. Authorised entities would then be permitted, without the authorisation of the copyright owner, to make an accessible copy of a work and supply those copies to beneficiary persons by any means. The exceptions extend to providing accessible copies to beneficiaries based in another contracting state.

From a humanitarian perspective, this is a positive development for beneficiary persons and advocacy groups representing them, although it has not yet been reported when the relevant amendments or the Bill concerned (No. 047/2024) will come into effect. From the perspective of copyright owners, the Treaty has met resistance in some quarters internationally, due to concerns about, for example, uncontrolled use and loss of revenue. It remains to be seen whether, in Tunisia, the amended law will strike a balance between the two competing interests.

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