Proposal for a Directive of the European Parliament and of the Council on certain permitted uses of works and other subject-matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print disabled and amending Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society

The Marrakesh Treaty to Facilitate Access to Published Works for Persons who Are Blind, Visually Impaired, or Otherwise Print Disabled was adopted in 2013 at the World Intellectual Property Organisation (WIPO) with the aim of facilitating the availability and cross-border exchange of books and other print material in accessible formats around the world. It was signed by the Union in April 2014.

The Union has thus made a political commitment to implement the Treaty, which both the Council and the European Parliament have since strengthened. The Commission separately presented a Proposal for a Council Decision for the ratification of the Marrakesh Treaty by the Union in October 2014. In May 2015, the Council submitted a request to the Commission in which it underlined its full commitment to the rapid entry into force of the Marrakesh Treaty and asked the Commission to submit, without delay, a legislative proposal to amend the Union legal framework in accordance with the Treaty.

The objective of the proposed Directive is to increase the availability of works and other protected subject-matter, e.g. books, journals, newspapers, magazines and other writings, sheet music and other print material, including in audio form, in formats that are accessible to beneficiary persons. It will do this by ensuring that all beneficiary persons and organisations serving their needs on a non-profit basis can rely on a mandatory and harmonised exception to copyright and related rights within the Union. This will allow the making of accessible format copies of otherwise non-accessible works and other subject matter that have already been published or made available.

The proposed Directive would amend the existing Union legislative framework accordingly and ensure that the accessible format copies made in one Member State can be disseminated and accessed throughout the Union. With respect to the obligations imposed by the Marrakesh Treaty on the cross-border exchange of accessible format copies between the Union and third countries that are parties to the Treaty, this Directive should be read together with the related Regulation.

EUR-Lex: COM(2016)596: Follow the progress of this proposal through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2016:596:FIN

ESO: Background information: The Marrakesh Treaty [EPRS Study, November 2016] http://www.europeansources.info/record/the-marrakesh-treaty/

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