STATUTORY INSTRUMENTS.
S.I. No. 412 of 2018
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EUROPEAN UNION (MARRAKESH TREATY) REGULATIONS 20182[412]
S.I. No. 412 of 2018
EUROPEAN UNION (MARRAKESH TREATY) REGULATIONS 2018
I, HEATHER HUMPHREYS, Minister for Business, Enterprise and Inno-
vation, in exercise of the powers conferred on me by section 3 of the EuropeanCommunities Act 1972 (No. 27 of 1972) and for the purpose of giving effect toDirective (EU) 2017/1564 of the European Parliament and of the Council of 13September 2017
1, hereby make the following regulations:
1. (1) These Regulations may be cited as the European Union (Marrakesh
Treaty) Regulations 2018.
(2) These Regulations shall come into operation on 11 October 2018.2. (1) In these Regulations, "Directive" means Directive (EU) 2017/1564 of
the European Parliament and of the Council of 13 September 2017
1on certain
permitted uses of certain works and other subject matter protected by copyrightand related rights for the benefit of persons who are blind, visually impaired orotherwise print-disabled and amending Directive 2001/29/EC
2on the harmonis-
ation of certain aspects of copyright and related rights in the information society.
(2) A word or expression that is used in these Regulations and that is also
used in the Directive has, unless the context otherwise requires, the same mean-ing in these Regulations as it has in the Directive.
3. (1) ( a) It shall be an exception that no authorisation of the rightholder of
any copyright or related right in a work or other subject matter isrequired, in relation to an act referred to in subparagraph ( b) pursu-
ant to—
(i) Articles 5 and 7 of Directive 96/9/EC
3,
(ii) Articles 2, 3 and 4 of Directive 2001/29/EC2,
(iii) Articles 1(1), 8(2) and (3) and 9 of Directive 2006/115/EC4, and
(iv) Article 4 of Directive 2009/24/EC5.
(b) Any act necessary for—
(i) a beneficiary person (or a person acting on his or her behalf) to
make an accessible format copy of a work or other subject matter
1OJ L 242, 20.9.2017, p. 6
2OJ L167, 22.6.2001, p.10
3OJ L77, 27.3.1996, p.20
4OJ L376, 27.12.2006, p.28
5OJ L111, 5.5.2009, p.16
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 12th October , 2018.[412] 3
to which the beneficiary person has lawful access for the exclusive
use of the beneficiary person, and
(ii) an authorised entity to make an accessible format copy of a work
or other subject matter to which it has lawful access, or to com-municate, make available, distribute or lend an accessible formatcopy to a beneficiary person or another authorised entity on anon-profit basis for the purpose of exclusive use by a benefici-ary person.
(2) Each accessible format copy shall respect the integrity of the work or
other subject matter, with due consideration given to the changes required tomake the work or other subject matter accessible in the alternative format.
(3) The exception provided for in paragraph (1) shall only be applied in cer-
tain special cases which do not conflict with a normal exploitation of the workor other subject matter and do not unreasonably prejudice the legitimateinterests of the rightholder.
(4) The first, third and fifth subparagraphs of Article 6(4) of Directive
2001/29/EC
2shall apply to the exception provided for in paragraph (1).
(5) The exception provided for in paragraph (1) cannot be overridden by
contract.
4. (1) An authorised entity established in the State may carry out the acts
referred to in clause (ii) of Regulation 3(1)( b) for a beneficiary person or
another authorised entity established in any Member State.
(2) A beneficiary person or an authorised entity established in the State may
obtain or have access to an accessible format copy from an authorised entityestablished in any Member State.
5. (1) An authorised entity established in the State carrying out the acts
referred to in Regulation 4 shall establish and follow its own practices to ensurethat it:
(a) distributes, communicates and makes available accessible format cop-
ies only to beneficiary persons or other authorised entities;
(b) takes appropriate steps to discourage the unauthorised reproduction,
distribution, communication to the public or making available to thepublic of accessible format copies;
(c) demonstrates due care in, and maintains records of, its handling of
works or other subject matter and of accessible format copiesthereof; and
(d) publishes and updates, on its website if appropriate, or through other
online or offline channels, information on how it complies with theobligations laid down in subparagraphs ( a)t o( c).4[412]
(2) The practices referred to in paragraph (1) shall be established and fol-
lowed in full respect of the rules applicable to the processing of personal dataof beneficiary persons referred to in Article 7 of the Directive.
(3) An authorised entity established in the State carrying out the acts referred
to in Regulation 4 shall provide the following information in an accessible way,on request, to beneficiary persons, other authorised entities or rightholders:
(a) the list of works or other subject matter for which it has accessible
format copies and the available formats; and
(b) the name and contact details of the authorised entities with which it
has engaged in the exchange of accessible format copies pursuant toRegulation 4.
GIVEN under my Official Seal,
9 October 2018.
HEATHER HUMPHREYS,
Minister for Business, Enterprise and Innovation.[412] 5
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal
interpretation.)
These Regulations give effect to EU Directive 2017/1564 of the European
Parliament and of the Council of 13 September 2017 on certain permitted usesof certain works and other subject matter protected by copyright and relatedrights for the benefit of persons who are blind, visually impaired or otherwiseprint-disabled and amending Directive 2001/29/EC on the harmonisation of cer-tain aspects of copyright and related rights in the information society. TheseRegulations provide for the reproduction, communication to the public, distri-bution, lending and making available to the public of certain copyright protectedworks in formats designed to be accessible to the blind, visually impaired, orotherwise print-disabled, without the permission of the rightholder. The Regu-lations also provide that copies of works made available in accessible formats(for example, braille, large print or audiobook) in one Member State can beaccessed throughout the EU without prior permission from rightholders.BAILE ÁTHA CLIATH
ARNA FHOILSIÚ AG OIFIG AN tSOLÁTHAIR
Le ceannach díreach ó
FOILSEACHÁIN RIALTAIS,
52 FAICHE STIABHNA, BAILE ÁTHA CLIATH 2
(Teil: 01 - 6476834 nó 1890 213434; Fax: 01 - 6476843)
nó trí aon díoltóir leabhar.
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DUBLIN
PUBLISHED BY THE STATIONERY OFFICE
To be purchased from
GOVERNMENT PUBLICATIONS,
52 ST. STEPHEN'S GREEN, DUBLIN 2.
(Tel: 01 - 6476834 or 1890 213434; Fax: 01 - 6476843)
or through any bookseller.
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€2.54
Wt. (B33738). 285. 10/18. Essentra. Gr 30-15.