31 Amendments of Isabella ADINOLFI related to 2016/0278(COD)
Amendment 6 #
Proposal for a directive
Citation 2 a (new)
Citation 2 a (new)
– having regard 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 (UNCRPD);
Amendment 7 #
Proposal for a directive
Recital 1
Recital 1
(1) 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 and stimulates innovation, creation, investment and the production of new content, including in the digital environment. It also aims 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 7 #
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
- having regard 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 (UNCRPD);
Amendment 9 #
Proposal for a directive
Recital 1
Recital 1
(1) 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 and stimulates innovation, creation, investment and the production of new content, including in the digital environment. It also aims 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 11 #
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. MTaking into consideration that its use by people whose vision is impaired seriously and in the long term would have a clear social interest and would be essentially conducted on a non-profit regime, 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 15 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Persons who are blind, visually impaired or otherwise print disabled have the right of access to information and the right to participate in cultural, economic and social life on an equal basis with others.
Amendment 15 #
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. MTaking into consideration that its use by people whose vision is impaired seriously and in the long term would have a clear social interest and would be essentially conducted on a non-profit basis, 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 17 #
Proposal for a directive
Recital 5
Recital 5
(5) This Directive is designed for the benefit persons who are blind, have a visual impairment which cannot be improved so as to give those persons visual function substantially equivalent to that of a person who has no such impairment, or have a perceptual or reading disability, including dyslexia, preventing them from reading printed works to substantially the same degree as persons without such disability, or are unable to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading due to a physical disability. The objective of the measures introduced by this Directive is to improve the availability of books, journals, newspapers, magazines and other writings, sheet music and other print material, including in audio form, whether digital or analogue, whatever it is their copyright- related legal protection, in formats that make those works and other subject-matter accessible to those persons to substantially and effectively the same degree as to persons without an impairment or disability. AIn the meaning defined by this context, accessible formats include, in particular Braille, large print, adapted e- books, versions in simplified language, enhanced audiovisual formats, audio books and radio broadcasts, but are not limited to them.
Amendment 19 #
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. It should be emphasized that in order to avail from the abovementioned mandatory exception, the activities here enumerated (reproduction, communication, making available, distribution and lending) should be conducted on a non-profit regime.
Amendment 19 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) Persons who are blind, visually impaired or otherwise print disabled have the right of access to information and the right to participate in cultural, economic and social life on an equal basis with others.
Amendment 22 #
Proposal for a directive
Recital 5
Recital 5
(5) This Directive is designed for the benefit persons who are blind, have a visual impairment which cannot be improved so as to give those persons visual function substantially equivalent to that of a person who has no such impairment, or have a perceptual or reading disability, including dyslexia, preventing them from reading printed works to substantially the same degree as persons without such disability, or are unable to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading due to a physical disability. The objective of the measures introduced by this Directive is to improve the availability of books, journals, newspapers, magazines and other writings, sheet music and other print material, including in audio form, whether digital or analogue, regardless of their copyright- related legal protection, in formats that make those works and other subject-matter accessible to those persons to substantially and effectively the same degree as to persons without an impairment or disability. Accessible formats include Braille, large print, adapted e-bookIn the meaning defined by this context, accessible formats include in particular, but are not limited to, Braille, large print, adapted e-books, versions in simplified language, enhanced audiovisual formats, audio books and radio broadcasts.
Amendment 23 #
Proposal for a directive
Recital 7
Recital 7
(7) Uses laid down in this Directive include the making of accessible format copies by either the beneficiary persons or authorised entities serving their needs — whether public or private organisations, in particular libraries, educational establishments and other non-profit organisations that serve persons with a print disability as their main or one of their main activities or public interest missions —. Authorised organisations should not operate on an exclusive regime, since such exclusivity is considered contradictory with the social and cultural aim of the Directive. Those uses should also include making accessible format copies, for the exclusive use of the beneficiary persons, by a natural person who does so on behalf of a beneficiary person or who assists the beneficiary person in doing so.
Amendment 26 #
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. In order to make this mandatory exception effective, the activities of reproduction, communication, making available, distribution and lending should be conducted on a non- profit basis.
Amendment 29 #
Proposal for a directive
Recital 7
Recital 7
(7) Uses laid down in this Directive include the making of accessible format copies by either the beneficiary persons or authorised entities serving their needs — whether public or private organisations, in particular libraries, educational establishments and other non-profit organisations that serve persons with a print disability as their main or one of their main activities or public interest missions —. Authorised organisations should not operate on an exclusive basis, since such exclusivity is considered contradictory to the social and cultural aim of the Directive. Those uses should also include making accessible format copies, for the exclusive use of the beneficiary persons, by a natural person who does so on behalf of a beneficiary person or who assists the beneficiary person in doing so.
Amendment 32 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Activities conducted out of the Union in the frame of Union funded projects or initiatives regarding cooperation, cultural exchange, reinforcement of communities, research and innovation, and the like, are deemed to be covered by the exception.
Amendment 32 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) Activities conducted outside the Union in the framework of Union-funded projects or initiatives regarding cooperation, cultural exchange, reinforcement of communities, research and innovation, inter alia, should be deemed to be covered by the exception.
Amendment 35 #
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 copies in enhanced accessibility format within the single market.
Amendment 45 #
Proposal for a directive
Recital 16
Recital 16
(16) The Commission will monitor the effect of this Directive. As part of this, it will assess the situation regarding the availability in accessible formats of works and other subject-matter other than those covered by this Directive, as well as the availability of works and other subject- matter in accessible formats for persons with other disabilities. The Commission will review the situation closely in order to fully guarantee the cultural and social aims of this Directive. Changes to the scope of this Directive may be considered, if necessary.
Amendment 46 #
Proposal for a directive
Recital 16
Recital 16
(16) The Commission will monitor the effect of this Directive. As part of this, it will assess the situation regarding the availability in accessible formats of works and other subject-matter other than those covered by this Directive, as well as the availability of works and other subject- matter in accessible formats for persons with other disabilities. The Commission will review the situation closely in order to fully guarantee the cultural and social aims of this Directive. Changes to the scope of this Directive may be considered, if necessary.
Amendment 47 #
Proposal for a directive
Recital 18
Recital 18
(18) This Directive therefore respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. This Directive should be interpreted and applied in accordance with those rights and principles. This means that the copyright exceptions and limitations consist in an implicit authorisation by the rightholder for the exercise of the secondary right to non- commercial copies in accessible format, subject to the conditions established.
Amendment 48 #
Proposal for a directive
Recital 20
Recital 20
(20) The objective of this Directive — implementing 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 efficiently and adequately 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 therefore 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 49 #
Proposal for a directive
Recital 18
Recital 18
(18) This Directive therefore respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. This Directive should be interpreted and applied in accordance with those rights and principles. This means that the copyright exceptions and limitations consist in an implicit authorisation by the rightholder for the exercise of the secondary right to non- commercial copies in accessible format, subject to the conditions established.
Amendment 49 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20 a) Member States should transpose this Directive within 6 months after entry into force, in order to swiftly implement the rights recognised by the Charter of Fundamental Rights of the EU and the UNCRPD of persons with disabilities.
Amendment 50 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down rules on the use of certain works and other subject-matter without the authorisation of the rightholder, for the benefit of persons who are blind, visually impaired or otherwise print disabled. It aims to effectively ensure their right to participate in cultural, economic and social life on an equal basis with others.
Amendment 55 #
Proposal for a directive
Recital 20
Recital 20
(20) The objective of this Directive – implementing 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 efficiently and adequately 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 therefore 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 56 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) Member States should transpose the Directive within 6 months, in order to swiftly implement the rights recognised by the Charter of Fundamental Rights of the European Union and the UNCRPD of persons with disabilities.
Amendment 59 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down rules on the use of certain works and other subject-matter without the authorisation of the rightholder, for the benefit of persons who are blind, visually impaired or otherwise print disabled. It aims to effectively ensure their right to participate in cultural, economic and social life on an equal basis with others.
Amendment 64 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
No sooner 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. The detailed information collected by the Commission shall be made available to the public.
Amendment 66 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [126 month after entry into force] at the latest. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 79 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
No sooner 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. The detailed information collected by the Commission shall be made available to the public.
Amendment 81 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [126 month after entry into force] at the latest. They shall forthwith communicate to the Commission the text of those provisions.