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Proposed amendments to proposed directive by Helga Stevens, Helga Trüpel and Rosa Estaràs Ferragut to implement Marrakesh Treaty throughout EU

The exercise of the exceptions provided (de) for by this Directive should be without prejudice to other more favourable exceptions for persons with disabilities provided for by the Member States, such as those relating to private use. Member States shall ensure that the exceptions to copyright and to related rights provided for in paragraph 1 cannot be superseded by technological measures or by contract.

In identifying authorised entities, Member States should (de) take into consideration the expertise of such entities in providing non-profit, high quality and effective accessible formats of work and other subject matter, and the principles of trusted intermediary laid down 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 persons who are print disabled.

‘Work and other subject-matter’ means a literary, academic or artistic work in the form of text, notation and/or related illustrations, including 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.

‘Authorised entity’ means an entity that is authorised or recognised by the Member State in which it is established to provide education, instructional training, adaptive reading or information access to beneficiary persons on a non-profit basis. It also includes a government institution or non-profit organisation that provides the same services to beneficiary persons as one of its primary activities or institutional obligations.

Member States will, in any case, have to make arrangements (de) for exceptions and limitations for the benefit of persons with a disability, including in cases which are not covered by this Directive. Member States shall ensure that complaints and redress mechanisms are put in place and are available to users in case of disputes over the application of the measures referred to in this Article.

Amendments are included in the text whether in a form of wording, replacing initial text, or in a form of text, included in initial draft.