Activities of Angel DZHAMBAZKI related to 2016/0278(COD)
Legal basis opinions (0)
Amendments (20)
Amendment 5 #
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
– having regard to the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled of 27 June 2013;
Amendment 8 #
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 and harmonise essential rights of authors, performers, producers and broadcasters. This Union 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 8 #
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
- having regard to the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled of 27 June 2013.
Amendment 11 #
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 and harmonise essential rights of authors, performers, producers and broadcasters. This Union 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 13 #
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 availamprove accessibility tof those works in accessible formats and to improve their circulation in the internal market, as well as to increase availability where necessary and where the conditions set forth in this Directive are met.
Amendment 16 #
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 availamprove accessibility tof those works in accessible formats and to improve their circulation in the internal market, as well as to increase availability where necessary and where the conditions set forth in this Directive are met.
Amendment 25 #
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, in formats that make those works and other subject-matter accessible to those persons to substantially the same degree as to persons without an impairment or disability. Accessible formats include Braille, large print, adapted e-books, audio books and radio broadcasts.
Amendment 28 #
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 for by this Directive should be without prejudice to other exceptions provided for by Member States;
Amendment 29 #
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 accessible format copies of works or other subject-matter covered by this Directive in line with relevant existing Union law.
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 accessible format copies of works or other subject-matter covered by this Directive and in line with relevant existing Union laws.
Amendment 33 #
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 for persons with disabilities. This wcould reduce the demand for redundant work in producing accessible format copies of the same work or other subject matter across the Union, 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, if the criteria set forth in the Directive are met. 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 34 #
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 for persons with disabilities. This wcould reduce the demand for redundant work in producing accessible format copies of the same work or other subject matter across the Union, 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, if the criteria set forth in the Directive are met. 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 36 #
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 schemesonly where these are consistent with the objectives of the Directive and justified in light of the three-step test. Otherwise, such additional requirements would run the risk of going against the purpose orf the prior verification of the commercial availabilityexceptions provided for by this Directive, and counter to the objective of facilitating the cross- border exchange of accessible format copies. within the Single Market;
Amendment 38 #
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 orwhere these are consistent with the objectives of the Directive and justified in light of the three-step test. Otherwise, additional requirements would run the prior verification of the commercialsk of going against the purpose of the exceptions provided for by this Directive, and avgailabilitynst the purpose of facilitating the cross- border exchange of accessible format copies within the internal market.
Amendment 54 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point c
Article 2 – paragraph 1 – point 2 – point c
(c) a person who has a perceptual or reading disability, including dyslexia, and is, as a result, unable to read printed works to substantially the same degree as a person without an impairment or disability; or
Amendment 59 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) a beneficiary person, or a person actinglawfully acting regularly and/or directly on their behalf, to make an accessible format copy of a work or other subject-matter available for the exclusive use of the beneficiary person; and
Amendment 61 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – introductory part
Article 2 – paragraph 1 – point 2 – introductory part
(2) ‘'beneficiary person’' means, regardless of any other disabilities, any of the following:
Amendment 63 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘'accessible format copy’' means a copy of a work or other subject-matter, presented on a non-profit basis in an alternative manner or form that gives a beneficiary person access to the work or other subject-matter, including allowing for the person to have access as feasibly and comfortably as a person without a visual impairment or any of the disabilities referred to in paragraph 2;
Amendment 66 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘authorised entity’ means an organisationentity that is authorised or recognised by the government to providinge education, instructional training, adaptive reading or information access to beneficiary persons on a non-profit basis, as its main activity or. It also includes a government institution or non-profit organization that provides the same services to beneficiary persons as one of its mainprimary activities or public- interest missinstitutional obligations.
Amendment 80 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1