Cyprus has prepared a bill to transpose EU Directive 2017/1564 on
certain permitted uses 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
(the "Directive"). The bill aims to amend the Cypriot Copyright and
Related Rights Act of 1976, in order to harmonise Cypriot EU law with
the Directive.
The aim of the Directive is to improve availability of works and other subject matters in accessible formats for beneficiaries through the establishment of mandatory exception from copyright and related rights throughout EU. The Directive is part of the EU legislative plan to implement obligations resulting from the Marrakesh Treaty into the EU. The first part of this effort is the Regulation 2017/1563 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, which focus specifically on the international cross-border exchange of accessible format copies for beneficiary persons.
Although the Regulation 2017/1563 applies since 12 October 2018, the Directive 2017/1564 has not yet been transposed in all Member States (it should have been transposed by 11 October 2018), including Cyprus.
The aim of the Directive is to improve availability of works and other subject matters in accessible formats for beneficiaries through the establishment of mandatory exception from copyright and related rights throughout EU. The Directive is part of the EU legislative plan to implement obligations resulting from the Marrakesh Treaty into the EU. The first part of this effort is the Regulation 2017/1563 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, which focus specifically on the international cross-border exchange of accessible format copies for beneficiary persons.
Although the Regulation 2017/1563 applies since 12 October 2018, the Directive 2017/1564 has not yet been transposed in all Member States (it should have been transposed by 11 October 2018), including Cyprus.
EDPI ("Ενωση Δικαιωμάτων Πνευματικής Ιδιοκτησίας Κύπρου") has been asked to submit comments in relation to the bill. One
point of interest is that Cyprus has made a political decision not to
transpose Article 3(6) of Directive 2017/1564, which states that "Member
States may provide that uses permitted under
this Directive, if undertaken by authorised entities established in
their territory, be subject to compensation schemes within the limits
provided for in this Directive." Article 2(4) of the Directive defines
an authorised entity as "an entity that is authorised
or recognised by a Member State to provide education, instructional
training, adaptive reading or information access to beneficiary persons
on a non-profit basis. It also includes a public institution or
non-profit organisation that provides the same services
to beneficiary persons as one of its primary activities, institutional
obligations or as part of its public-interest missions". This means that
such entities will be able to avail themselves of the permitted uses of
copyright-protected works set out in the
Directive, without paying fees or royalties to do so.
The rest of the bill is very much in line with the Directive. The
bill has not yet been put before the Plenary of the House of
Representatives. We will aim to follow the progress of its enactment and
keep you updated.
