Cross-border exchange between the Union and third countries of accessible format copies of certain 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

PURPOSE: to improve the access of blind and visually impaired persons to published works.

LEGISLATIVE ACT: Regulation (EU) 2017/1563 of the European Parliament and of the Council of 13 September 2017 on the cross-border exchange between the Union and third countries of accessible format copies of certain 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.

CONTENT: the Regulation lays down uniform rules on the cross-border exchange of accessible format copies of certain works and other subject matter between the Union and third countries that are parties to the Marrakesh Treaty without the authorisation of the rightholder, for the benefit of persons who are blind, visually impaired or otherwise print-disabled, within the field harmonised by Directives 2001/29/EC and (EU) 2017/1564.

The Marrakesh Treaty, signed on behalf of the Union on 30 April 2014, It requires contracting parties to provide for exceptions or limitations to copyright and related rights for the making and dissemination of copies, in accessible formats, of certain works and other protected subject matter, and for the cross-border exchange of those copies.

Exchange of copies in accessible formats between the Union and third countries parties to the Marrakesh Treaty shall concern books (including e-books, journals, newspapers, magazines and other kinds of writing), notation (including sheet music), and other printed texts (including in an audio form, whether the format is digital or analogue).

Accessible formats include, for example, Braille, large print, adapted e-books, audio books and radio broadcasts.

Obligations of authorised entities: the latter shall be required to:

• distribute, communicate and make available accessible format copies only to beneficiary persons or other authorised entities;
• take appropriate steps to discourage the unauthorised reproduction, distribution, communication to the public and making available to the public of accessible format copies;
• demonstrate due care in, and maintains records of, its handling of works or other subject matter and of accessible format copies thereof;
• publish and update, on its website if appropriate, or through other online or offline channels, information on how it complies with the obligations set out in the Regulation.

The Regulation respects fundamental rights and observes the principles recognised in particular by the Charter and the United Nations Convention on the Rights of Persons with Disabilities.