17 Amendments of Luigi MORGANO related to 2016/0278(COD)
Amendment 18 #
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, 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 disabilityimpairment. 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 disabilityho are not blind, visually impaired or otherwise print disabled, without compromising the quality of the content. 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 provides 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.
Amendment 25 #
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, schools, universities, training centres, 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 —. Those uses should alsIt is also necessary for those uses to 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 8
Recital 8
(8) The mandatory exception should also limit the right of reproduction so as to allow for any act that is necessary in order to make changes to or convert or adapt a work or other subject-matter in such a way as to produce an accessible format copy. This includes providing the necessary means to navigate information in an accessible format copy, and also the acts that are necessary to adapt existing publications that are already accessible for certain categories of beneficiary persons to the needs of other beneficiary persons who require alternative formats to properly access the work. Lending of the work to beneficiary persons should be granted.
Amendment 27 #
Proposal for a directive
Recital 8
Recital 8
(8) TIt is also necessary for the mandatory exception should alsto limit the right of reproduction so as to allow for any act that is necessary in order to make changes to or convert or adapt a work or other subject- matter in such a way as to produce an accessible format copy. This includes providing the necessary means to navigate information in an accessible format copy.
Amendment 31 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) To improve the availability of text- based works, the rightholders' role in making their works accessible to persons with visual impairments or with other print disabilities is equally as important as the exceptions provided by this Directive when the market is unable to provide such access.
Amendment 33 #
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9b) In order to foster cross-border exchange, a single publicly accessible online database should be established and managed [by the European Intellectual Property Office (EUIPO)] containing information on authorised entities and bibliographic data about works available in accessible format copies produced and made available by authorised entities. This database should also include information about born accessible publications, i.e. publications produced by publishers in accessible format and should be interoperable with the ABC TIGAR (Trusted Intermediary Global Accessible Resources) Database, hosted by WIPO.
Amendment 35 #
Proposal for a directive
Recital 10
Recital 10
(10) It shouldwill 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. 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 shouldwill therefore ensure that accessible format copies made in one Member State may be circulated to and accessed by beneficiary persons and authorised entities 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 39 #
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 shouldwill not be allowpermitted 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 40 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) In the procedures for accrediting the authorised entities, Member States should take into consideration the specialisation in providing non-profit, high quality and effective accessible formats of work and other subject matter, and the principles of trusted intermediary set in the "Memorandum of Understanding on access to works for dyslexic or visually impaired readers", promoted by the European Commission and signed in 2010 by the representatives of rightholders and of the persons who are print disabled.
Amendment 47 #
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 disabilitieimpairments. The Commission will review the situation closely. Changes to the scope of this Directive may be considered, if necessary.
Amendment 51 #
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. TIt is necessary that this Directive ishould be interpreted and applied in accordance with those rights and principles.
Amendment 53 #
Proposal for a directive
Recital 19
Recital 19
(19) The Marrakesh Treaty imposes certain obligations regarding the exchange of accessible format copies between the Union and third countries that are parties to the Treaty. The measures taken by the Union to fulfil those obligations are contained in Regulation […] which should be reaneeds to be consulted in conjunction with this Directive.
Amendment 60 #
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,literary, academic or artistic work in the form of text, notation and/or related illustrations, in any media, including in audio forms such as audiobookscluding sheet music, which is protected by copyright or related rights and which is published or otherwise lawfully made publicly available; in books, e-books, journals, newspapers, magazines or other writing, and in any media form, including in audio form, such as audiobooks and radio broadcasts.
Amendment 62 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point d
Article 2 – paragraph 1 – point 2 – point d
(d) a person who is otherwise unable, due to a physical disabilityimpairment, to hold or manipulate a book or to focus or move their eyes to the extent that would be normally acceptable for reading.
Amendment 65 #
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 Member State 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 69 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall ensure that the accessible format copy respects the integrity of the work or other subject- matter, having due consideration for the changes required to make the work accessible in the alternative format for the different needs of beneficiary persons.