11 Amendments of Tatjana ŽDANOKA related to 2016/0278(COD)
Amendment 13 #
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 and online 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 16 #
Proposal for a directive
Recital 3
Recital 3
(3) Persons who are blind, visually impaired or otherwise print disabled, including those with physical disabilities unable to hold or manipulate a book, 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 19 #
Proposal for a directive
Recital 5
Recital 5
(5) This Directive is designed for the benefit of 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, or any other relevant learning disability, 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, online or offline, 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 22 #
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 more favourable exceptions for persons with disabilities provided for by the Member States, such as those relating to private use.
Amendment 23 #
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 run the risk of going against the purpose of facilitating the cross-border exchange of accessible format copies within the internal market.
Amendment 25 #
Proposal for a directive
Recital 13
Recital 13
(13) The United Nations Convention on the Rights of Persons with Disabilities (ʻthe UNCRPDʼ), to which the EUnion is a party as of 21 January 2011, guarantees people with disabilities the right of access to information and to communication and the right to participate in cultural, economic, political 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 27 #
Proposal for a directive
Recital 14
Recital 14
(14) Under the Charter of Fundamental Rights of the European Union, the Union prohibits discrimination on the basis 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 30 #
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 32 #
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, or any other relevant learning disability, 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 35 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Member States shall ensure that the exceptions to copyright and to related rights provided for in paragraph 1 cannot be superseded by technological measures or by contract.
Amendment 39 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1