Activities of Julia REDA related to 2016/0278(COD)
Shadow opinions (1)
OPINION 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
Amendments (7)
Amendment 15 #
Proposal for a directive
Recital 6
Recital 6
(6) This Directive should therefore provide for mandatory exceptions to the rights that are harmonised by Union law and are relevant for the uses and works covered by the Marrakesh Treaty. These include in particular the rights of reproduction, communication to the public, making available, distribution and lending, as provided for in Directive 2001/29/EC, Directive 2006/115/EC, and Directive 2009/24/EC, as well as the corresponding rights in Directive 96/9/EC. As the scope of exceptions and limitations required by the Marrakesh Treaty also includes works in audio form, like audiobooks, it is necessary that these exceptions also apply to related rights. The exercise of the exceptions provided by the present Directive is without prejudice to other exceptions for persons with disabilities provided by the Member States, such as private use.
Amendment 22 #
Proposal for a directive
Recital 11
Recital 11
(11) In view of the specific nature of the exception, its targeted scope and the need for legal certainty for its beneficiaries, Member States should not be allowed to impose additional requirements for the application of the exception, such as compensation schemes or the prior verification of the commercial availability of accessible format copies. Such additional requirements would bear the risk of going against the purpose of the exceptions provided by the present Directive, and against the purpose of facilitating the cross-border exchange of special format copies within the single market.
Amendment 33 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘'authorised entity’' means an organisation providing education, instructional training, adaptive reading or information access to beneficiary persons on a non-profit basis, as its main activity or as one of its main activities or public- interest missions, regardless of whether it is supervised by a government.
Amendment 34 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. Member States shall ensure that these exceptions to copyright and to related rights cannot be overriden by technological measures or by contract.
Amendment 35 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
The processing of personal data carried out within the framework of this Directive shall be carried out in compliance with Directives 95/46/EC and 2002/58/EC, and with Regulation (EU) 2016/679 of the European Parliament and of the Council1a _________________ 1aRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 36 #
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 broadening of the scope of this Directive should be considered, so that the exception and the related making of accessible format copies provided by this Directive may benefit other categories of disabilities.
Amendment 38 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
No soonlater than [five years after the date of transposition], the Commission shall carry out an evaluation of this Directive and present the main findings to the European Parliament, the Council and the European Economic and Social Committee, accompanied, where appropriate, by proposals for the amendment of this Directive.