13 Amendments of Dominique BILDE related to 2016/0278(COD)
Amendment 9 #
Proposal for a directive
Recital 1
Recital 1
(1) The national laws of most Member States and, secondarily, several Union Directives in the area of copyright and related rights provide legal certainty and a high level of protection for rightholders. This harmonised legal framework contributes to the proper functioning of the internal market andfor rightholders. The protection of copyright and related rights is necessary in order to stimulates innovation, creation, investment and the production of new content, including in the digital environment. It also aimsThis right also makes it possible to promote access to knowledge and culture by protecting works and other subject-matter and by permitting exceptions or limitations that are in the public interest. A fair balance of rights and interests between rightholders and users should be safeguarded.
Amendment 14 #
Proposal for a directive
Recital 3
Recital 3
(3) Persons who are blind, visually impaired or otherwise print disabled continue to face many barriers in accessing books and other print material which are protected by copyright and related rights. Measures need to be taken to increase the availability of those works in accessible formats and to improve their circulation in the internal market.
Amendment 16 #
Proposal for a directive
Recital 4
Recital 4
(4) The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (ʻthe Marrakesh Treatyʼ) was signed on behalf ofby several Member States and also by the Union on 30 April 201423. Its aim is to improve the availability of works and other protected subject-matter in accessible formats for persons who are blind, visually impaired or otherwise print disabled. The Marrakesh Treaty requires contracting parties to provide exceptions or limitations to the rights of holders of copyright and related rights for the making and dissemination of copies in accessible formats of certain works and other subject- matter, and for the cross-border exchange of those copies. The conclusion of the Marrakesh Treaty by the Union requires the adaptationMember States and, secondarily, by the Union requires the adaptation of the national laws of the signatory States and, moreover, of Union law by establishing a mandatory exception for uses, works and beneficiary persons covered by the Treaty. This Directive implements the obligations that the Union has to meet under the Marrakesh Treaty in a harmonised manner, with a view to ensuring that those measures are applied consistently throughout the internal marketritory of Union Member States. _________________ 23 Council Decision 2014/221/EU of 14 April 2014 on the signing, on behalf of the European Union, of the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled. (OJ L115, 17.4.2014, p. 1).
Amendment 30 #
Proposal for a directive
Recital 9
Recital 9
(9) The exception should allow authorised entities to make and disseminate online and offline within the Union Member States accessible format copies of works or other subject-matter covered by this Directive.
Amendment 36 #
Proposal for a directive
Recital 10
Recital 10
(10) It should be possible for accessible format copies made in one Member State to be available in all Member States, in order to ensure their greater availability across the internal market. This would reduce the demand for redundant work in producing accessible format copies of the same work or other subject matter across theall Union Member States, thus generating savings and efficiency gains. This Directive should therefore ensure that accessible format copies made in one Member State may be circulated and accessed in all Member States. An authorised entity should thus be able to disseminate those copies, offline or online, to beneficiary persons and authorised entities in any Member State. Moreover, authorised entities and beneficiary persons should be allowed to obtain or have access to those copies from any authorised entity in any Member State.
Amendment 42 #
Proposal for a directive
Recital 12
Recital 12
(12) Any processing of personal data under this Directive should respect fundamental rights, including the right to respect for private and family life and the right to protection of personal data underas established by the UN International Covenant on Civil and Political Rights and the UN resolution of 14 December 1990 on guidelines for the regulation of computerised personal data files, and as derived from the common constitutional traditions of the Member States and, secondarily, from Articles 7 and 8 of the Charter of Fundamental Rights of the European Union, and must be in compliance with Directive 95/46/EC of the European Parliament and of the Council, which governs the processing of personal data, as may be carried out by authorised entities within the framework of this Directive and under the supervision of the Member Statesʼ competent authorities, in particular the public independent authorities designated by the Member States.
Amendment 43 #
Proposal for a directive
Recital 13
Recital 13
(13) The United Nations Convention on the Rights of Persons with Disabilities (ʻthe UNCRPDʼ), of which several Union Member States are signatories and to which the EU is a party, guarantees people with disabilities the right of access to information and the right to participate in cultural, economic and social life on an equal basis with others. The UNCRPD requires parties to the Convention to take all appropriate steps, in accordance with international law, to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials.
Amendment 44 #
Proposal for a directive
Recital 14
Recital 14
(14) Under the United Nations Convention on the Rights of Persons with Disabilities, the common constitutional traditions of the Member States, and, secondarily, the Charter of Fundamental Rights of the European Union, the Union recognises and respects the right of people with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community.
Amendment 50 #
Proposal for a directive
Recital 18
Recital 18
(18) This Directive therefore respects the fundamental rights and observes the principles recognised in particular in international law and, secondarily, by the Charter of Fundamental Rights of the European Union. This Directive should be interpreted and applied in accordance with those rights and principles.
Amendment 52 #
Proposal for a directive
Recital 19
Recital 19
(19) The Marrakesh Treaty imposes certain obligations regarding the exchange of accessible format copies between Union Member States, the Union, and third countries that are parties to the Treaty. The measures taken by the Union to fulfil those obligations are contained in Regulation […] which should be read in conjunction with this Directive.
Amendment 54 #
Proposal for a directive
Recital 20
Recital 20
(20) The objective of this Directive – implementing Union Member State and also the Union’s obligations under the Marrakesh Treaty in order to improve access to works and other subject- matter protected by copyright and related rights for persons who are blind, visually impaired or otherwise print disabled in the Union – cannot be achieved by the Member States acting independently, as it requires the adaptation of Union law. Furthermore, by reason of its scale and effects, the objective can only be achieved through action at Union level. The Union may thereforerequires the adaptation of Union law. The Union should, to that end, adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in the same Article, this Directive does not go beyond what is necessary in order to achieve that objective.
Amendment 73 #
Proposal for a directive
Article 4 – title
Article 4 – title
Accessible format copies in the internal marketthroughout the territory of Union Member States
Amendment 78 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
By [two years after the date of transposition], the Commission shall present a report to the European Parliament, the Council and the European Economic and Social Committee on the availability, in accessible formats, of works and other subject-matter other than those defined in Article 2(1) for beneficiary persons, and of works and other subject- matter for persons with disabilities other than those referred to in Article 2(2), in the internal market. The report shall contain an assessment on whether an amendment of the scope of this Directive should be considered.