Should exceptions to copyright exceptions be allowed for content for the visually impaired? This is a question upon which the inter-institutional negotiations on implementation of the Marrakesh Treaty, is expected to focus. The Committee of Permanent Representatives to the EU gave the Presidency a mandate on 22 March, whilst the legal affairs committee at the European Parliament granted one on 23 March.
It should be pointed out that the Marrakesh Treaty seeks to facilitate the access of the blind and visually impaired to a broader choice of books published in adapted formats such as braille, large print or audio digital recordings. It was adopted on 23 June 2013 under the auspices of the World Intellectual Property Organisation (WIPO) but has not yet been ratified by the EU. Now that the Court of Justice has submitted its decision, the European Commission may ratify this text on behalf of the Union, whilst the Council and Parliament will be able to discuss its implementation. This final section is based around two legislative proposals: a directive focusing on the creation of an exception to copyright for publications for the visually impaired and a regulation for exchanging these copies with third countries.
The main stumbling block between co-legislators involves the exceptions: the Committee of Permanent Representatives granted a mandate on 22 March to the Maltese presidency so that the latter is able to authorise exceptions from the member states to the exceptions. In this regard, the mandate is proposing to allow member states to provide compensation to publishers or restrict copyright exceptions on publications that cannot be obtained commercially in reasonable conditions. This provision is in response to a request from Germany and the United Kingdom, as well as France and Spain. During the Parliamentary legal affairs committee the following day, MEPs decided to apply these exceptions unconditionally. They benefit from the support of the Belgian Council, Luxembourg, Ireland, Latvia and the European Commission. The latter put forward the following reasons: the exception to the exceptions would be difficult to apply and could lead to market fragmentation. It also argues that it could create legal uncertainty and is possibly incompatible with the Marrakesh Treaty itself.
Other divergences include the one on transposition: the Commission would like member states to have a 12 month deadline, while the Presidency mandate mentions two years.
According to the European Union of Blind People, there are more than 30 million blind and visually impaired people in Europe. According to the World Union of the blind, this figure stands at 285 million globally. Although it is estimated that the proportion of available books published in a format that is accessible to people with a visual impairment is between 7% and 20% in the EU, this rate it is estimated to be only 1% in developing countries. (Original version in French by Sophie Petitjean)