Visually impaired and people with other disabilities

Copyright and related - rights law provides for certain exceptions and limitations to the absolute and exclusive right of authors and in general holders of copyright, as well as of related rights under the aim of achieving a fair balance between differentiated rights and interests.

The exceptions and limitations provided by the Greek Law are integrated into Chapter 4 and they serve various purposes including the information of the public, research, teaching purposes and the preservation of cultural heritage.

The Greek legislator had preceded the EU initiative concerning the enhancement of access of visually impaired and people with other disabilities to works and other subject – matters of protection by introducing Article 28A to the Law 2121/1993 which was dedicated to both blind and deaf people.

Following the establishment of the Directive 2017/1564/EU the said national provision was amended under the aim of increasing the availability of books and other printed material in an accessible format and of improving their circulation in the internal market for the benefit of persons who are blind, visually impaired or otherwise print-disabled on the basis of the Charter of Fundamental Rights of the European Union and of the Convention on the Rights of Persons with Disabilities (CRPD).

The goal pursued on the basis of both national, EU and international law is the enhancement of the availability, as well as of the cross-border exchange of works and other subject -matters of protection in an accessible format for the benefit of persons who are blind, visually impaired or otherwise print-disabled.

The provision of Article 28A of Law 2121/1993 dictates in principle the following:

  • It shall be permissible without the author’s authorization and without paying a remuneration to carry out any act that is necessary to enable:

    a) a beneficiary or a person acting on his behalf to produce a copy in an accessible format of a work to which the beneficiary has lawful access and which is intended for their own exclusive use,

    b) an authorised entity to produce a copy of a work in an accessible format, to which it has lawful access, or to communicate, make available, distribute or lend this copy to a beneficiary person or another authorised entity on a non-profit basis for the purpose of the beneficiary’s exclusive use.

  • It shall be permissible without the author's authorization and without paying remuneration to an authorised entity to carry - out the acts provided under point b) on behalf of a beneficiary or of another authorised entity that is established in another EU Member State.

    In addition, a beneficiary or an authorised entity established in Greece is allowed to acquire or to have access to a copy of a work in an accessible format from an authorised entity that is established in an EU Member State..

  • The reproduction, communication to the public and the making available to the public of a work or other subject – matter of protection shall be permissible without the rightholder’s authorization and without paying remuneration on the condition that they are intended for the benefit of deaf people insofar as these acts are directly related to this disability and they do are not commercial in nature to the extent required by reason of a certain disability.

  • Publishers shall provide authorized entities files of works in digital format on the condition that they keep such works in a digital format.

You may see the full text of the national provision at the following link: https://www.opi.gr/en/library1/law-2121-1993#a28a.

Directive 2017/1564 of the European Parliament and of the Council of 13 September 2017 concerning certain permitted uses of certain protected works and other subject-matter protected by virtue of copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled and amending Directive 2001/29/EC on the harmonization of certain aspects of copyright and related rights in the information society, is available at the following link: https://eur-lex.europa.eu/legal-content/EL/TXT/HTML/?uri=CELEX:32017L1564#ntr8-L_2017242EL.01000601-E0008 (in Greek).

You may see more about the 2013 Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled at the following link of the World Intellectual Property Organization (WIPO): https://www.wipo.int/marrakesh_treaty/en/ (in English).

The obligations of the European Union under the 2013 Marrakesh Treaty -signed on 30.4.2013- were implemented by the means of the said Directive and of the Regulation 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 copies in an accessible format of certain protected 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 text of the Regulation is available at the following link: https://eur-lex.europa.eu/legal-content/EL/TXT/HTML/?uri=CELEX:32017R1563 (in Greek language).

The list of copies of works and other subject – matters of protection in an accessible format for the benefit of visually impaired and people with other disabilities is no longer held by the Hellenic Copyright Organization since the law provides for the exclusive relevant competence of the National Library of Greece .

This list includes the type of formats in which the works had been reproduced, as well as the contact details of the authorised entity in which they are kept.

The law also provides for the obligation of authorised entities to communicate to the National Library of Greece, within a reasonable period from the production of accessible formats, the necessary data for the updating of the said list.

The National Library of Greece "has the responsibility at national level of the coordination of activities for the electronic access of people with disabilities (PWD) to the content of documents which are created or published in Greece"..

Within this context it had specified, drawn - up and published “Standards and Guidelines for the production and distribution of accessible documents for people with disabilities”..

You may find the relevant document at the following link:
https://www.nlg.gr/wp-content/uploads/2021/07/%CE%A0%CF%81%CF%8C%CF%84%CF%85%CF%80%CE%B1-%CE%B3%CE%B9%CE%B1-%CE%B5%CE%BD%CF%84%CF%85%CF%80%CE%BF%CE%B1%CE%BD%CE%AC%CF%80%CE%B7%CF%81%CE%BF%CF%85%CF%82.pdf .

In accordance with the relevant definition: "authorised entity" means any organisation, association, union or other entity that had been authorised or that is recognised to provide beneficiary with instructional training, education, adaptive reading and access to information on a non-profit basis.

A public or a non-profit organisation that provides the same services to beneficiary as one of its primary activities, as an institutional obligation or as part of its public-interest mission shall be also considered as an authorized entity.

Member States communicate to the European Commission the contact details they have received from authorised entities within the context of the Directive 2017/1564.

In Greece the authorised entities are up to nowadays the following:

1. Lighthouse for the Blind of Greece

Address: 17 Athinas Str., Kallithea
Athens PC 17673
Tel.: (+30) 210 9415222
Fax: (+30) 210 9415271
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Web: www.fte.org.gr

2. Read for the others

Address: 13 Krinagorou Str.
Athens PC 117 45
Tel. (+30) 2111132106
Emails: This email address is being protected from spambots. You need JavaScript enabled to view it.
This email address is being protected from spambots. You need JavaScript enabled to view it., This email address is being protected from spambots. You need JavaScript enabled to view it.
Web: https://www.giatousallous.org

3. Special primary school for the visually impaired in Kallithea (Athens)

Address: 210 Eleftheriou Venizelou Str.
Kallithea, PC 17675
Tel. (+ 30) 210 9588 066
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Web:
https://dim-eid-keat.att.sch.gr/?fbclid=IwAR3OW-4IC3ODvlpVkvFxsULv_rHz-7wtMJPDC3wurdI0jMWjngc4Og0h_Gk

You may see the consolidated list of the authorised entities at the following link (in English): https://digital-strategy.ec.europa.eu/en/news/authorised-entities-context-directive-eu-20171564.