kom (2016) 0596 - Bilag 4: Henvendelser af marts 2017 fra European Blind Union og World Blind Union vedr. forslag til direktiv om ophavsret og beslægtede rettigheder til gavn for blinde og svagsynede

Europaudvalget 2016-17
KOM (2016) 0596 Bilag 4
Offentligt

Breve fra European Blind Union og World Blind Union vedr. forslag til DIREKTIV om

ophavsret og beslægtede rettigheder til gavn for blinde og svagsynede

Dear Representatives responsible for social protection and disability issues:

On behalf of the European Blind Union and the World Blind Union we are writing you

to ask for your positive support on EU legislation for millions citizens blind and partially sighted

persons in the EU and around the world. Next Wednesday the 22nd of March the COREPER will

consider an issue that is of great importance to insure wide access to culture and education as well

as helping social integration of persons with visual disabilities in Europe:

the Directive and

Regulation for the implementation of the Marrakesh Treaty.

Unfortunately,

the latest draft

proposal of the Council proposes important changes in the European Commission proposal

(primarily weaken and change recital 11) that could have a devastating dimpact on the access

objectives of the Treaty which aims

at ending the “book famine”

that deprives blind

and partially sighted persons of the vast majority of published works. The European Parliament has

generally supported the European Commission proposal that aims at an effective and harmonized

implementation of the Marrakesh Treaty.

We have attached the letter we have sent to all EU member state permanent representations. We

hope you can take measures to assure your country expresses a positive position on this issue at

next Wednesday´s meeting.

Thank you very much,

Barbara Martín, European Blind Union

David Hammerstein, World Blind Union

kom (2016) 0596 - Bilag 4: Henvendelser af marts 2017 fra European Blind Union og World Blind Union vedr. forslag til direktiv om ophavsret og beslægtede rettigheder til gavn for blinde og svagsynede

Dear Ambassador before the European Union:

We are writing to express our great concern and dismay over the Presidency compromise proposals

to Com(2016) 596

that will be considered next week in the COREPER. If these proposals

prospered, especially with regards to

the proposed changes to “Recital 11” of the Directive as tabled

by the European Commission, the human rights objectives of the Marrakesh Treaty would be

severely jeopardized. Representatives of millions of visually-impaired persons in Europe and

around the world are requesting that you withdraw these proposals that could have fatal

consequences on ending the “book famine” and the cross-border

sharing of texts in accessible

formats which are the motivations behind the Marrakesh Treaty and the UN Convention on the

Rights of Persons with Disabilities (Article 21).

The introduction by EU Member States of rightsholders compensation laws and/or commercial

availability as proposed by the abovementioned Council compromise proposals would create legal

uncertainty for cross-border exchange, greater administrative burdens, greater costs and a chaotic

regulatory situation between EU country legislations concerning the access to culture and education

by blind and other print-disabled persons. On the contrary, successful implementation of the

Marrakesh Treaty needs simple and user-friendly EU harmonization of the application of this

exception to copyright.

In contrast, we would like to express our total support for the proposal of the European Commission

(Recital 11) that is also supported by the majority of the European Parliament

“that Member

States should not be allowed to impose additional requirements for the application of the

exception such as compensation schemes or the prior verfication of commercial availability of

accessible format copies.”

We consider this a “make or break” issue to achieve positive EU legislation for visually-

impaired persons.

The Marrakesh Treaty will only be successful in ending the “book famine” of the visually impaired

persons if it is implemented in the EU without additional barriers or burdens. We are confident that

you understand the objectives of the Treaty and will act accordingly to make this EU legislation

simple, efficient and fair.

We are at your disposal to meet in Brussels or in national capitals to discuss these issues at the

earliest possible date.

Thank you very much,

“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.”