Directive (EU) 2017/1564 on certain permitted uses of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled

What it is

to increase the availability of works and other protected subject-matter, e.g. books, journals, newspapers, magazines and other writings, sheet music and other print material, including in audio form, in formats that are accessible to beneficiary persons. PROPOSED ACT: Directive of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with Council. BACKGROUND: persons who are blind, visually impaired, or otherwise print disabled face many barriers to accessing books and other print material protected by copyright and related rights. The availability of books in formats that are accessible to print-disabled persons is estimated to be between 7 % and 20% despite the fact that digital technology greatly facilitates accessible publishing. Accordingly, measures should be taken to increase the availability of these works in accessible formats and improve their circulation in the internal market. The Committee on Legal Affairs adopted the report by Max ANDERSSON (Greens/EFA, SE) on the proposal for a directive of the European Parliament and of the Council on certain permitted uses of works and other subject-matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print disabled and amending Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society. The committee recommended that the European Parliament’s position, adopted at first reading following the ordinary legislative procedure, should amend the Commission proposal as follows: Subject matter : the proposed Directive lays down rules on the use of certain works and other subject-matter without the authorisation of the right holder, for the benefit of persons who are blind, visually impaired or otherwise print disabled. Members stipulated that the Directive should aim to effectively ensure their right to participate in cultural, economic and social life on an equal basis with others. They introduced a reference to Article 26 of the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of Persons with Disabilities. E-books should be included in the definition of protected works. Definitions : Members proposed to harmonise the definition of ‘beneficiary person’ with the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled. They also supplemented the definition of ‘ authorised entity ’ proposed by the Commission. It shall mean an organisation authorised or recognised by the Member States in which it is established. Complaints mechanism : an amendment called on Member States to put in place complaints or redress mechanisms in cases where beneficiaries are denied the permitted uses. Report and assessment : the Commission shall present a report on the availability, in the internal market, in accessible formats, of works and other subject-matter other than those defined in the Directive and of works and other…

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