12 Amendments of Daniel BUDA related to 2016/0278(COD)
Amendment 10 #
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 and which, under certain conditions and with a view to realising given policy goals, permit content to be used without the rightholder's authorisation. 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. MIn view of the fact that only 7%1a to 20%2a of books are accessible to print-disabled persons, measures need to be taken to increase the availability of those works in accessible formats and to improve their circulation in the internal market. _________________ 1aLISU for the Royal National Institute of Blind People (RNIB), ʻAvailability of accessible publications - 2011 updateʼ, October 2011. 2a Catherine Meyer-Lereculeur ʻException ʻhandicapʼ au droit d’auteur et développement de l’offre de publications accessibles à l’ère numériqueʼ, May 2013.
Amendment 21 #
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 of the Union on 30 April 201423 . Its aim is to improve the availability and cross-border exchange 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 adaptation of Union law by establishing a mandatory and harmonised 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 market. _________________ 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 27 #
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 regulation and implementation of the exceptions provided for by this Directive is without prejudice to other exceptions for persons with disabilities provided for by the Member States.
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 free circulation of accessible format copies 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 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. 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 37 #
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 and, in this sense, to harness the whole potential of the internal market, 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.
Amendment 38 #
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 under 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 and with Regulation (EU) 2016/679 of the European Parliament and of the Council1a, 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. _________________ 1a Regulation (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 42 #
Proposal for a directive
Recital 14
Recital 14
(14) Under Articles 21 and 26 of the Charter of Fundamental Rights of the European Union, the Union prohibits discrimination on the grounds of disability and 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 44 #
Proposal for a directive
Recital 15
Recital 15
(15) With the adoption of this Directive, the Union aims to ensure that beneficiary persons have access to books and other print material in accessible formats across the internal market. Accordingly, this Directive is an essential first step in improving access to works for people with disabilities.
Amendment 52 #
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘work and other subject-matter’ means a work in the form of a book, journal, newspaper, magazine or other writing, including sheet music, and related illustrations, in any media, online or offline, including in audio forms such as audiobooks, which is protected by copyright or related rights and which is published or otherwise lawfully made publicly available;
Amendment 63 #
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 Directive 95/46/EC and with Regulation (EU) 2016/679.
Amendment 65 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1