Authors: Rachel McGettrick – PhD Student, Department of Psychology & ALL Institute, Maynooth University. Dr. Blanca Suarez-Bilbao – Postdoctoral Researcher, School of Business & ALL Institute, Maynooth University.
Author:Delia Ferri, Principal Investigator, Protecting the Right to Culture of Persons with Disabilities and Enhancing Cultural Diversity in EU Law: Exploring New Paths (DANCING)
The Marrakesh Directive, widely commented upon by copyrights scholars, introduces a mandatory exception to the harmonised rights of authors, empowering beneficiaries (i.e. people who are blind, have a visual impairment, people that have a perceptual or reading disability and people who are otherwise unable, due to a physical disability, to hold or manipulate a book or to focus or move their eyes to the extent that would be required for reading) and authorised entities (AEs) to convert a printed work into an accessible format without prior authorisation of the copyright holder. In substance, the Marrakesh Directive allows, without prior authorization of the copyright holder, conversion of existing printed material (books, newspapers, magazines, sheet music, and related illustrations and any other kind of written works, regardless of the media in which they are made available) in accessible formats (e.g. the creation of an audiobook from a printed volume) and the reproduction of accessible format copies (making additional copies of books in Braille). The Regulation, which is complementary to the Directive, provides for a copyright exception allowing for the cross-border exchange between EU Member States and Non-EU Member States who are party to the Marrakesh Treaty of accessible format copies of certain works that are ordinarily protected by copyright.
The EAA and Accessibility of Printed Material
Without engaging in the technicalities of the EAA, which I have commented on generally in an article published in the European Law Review in 2020, for the purpose of this brief blog, it suffices to highlight that it provides for a wide obligation for publishers to address accessibility concerns ex ante and produce accessible e-books. In fact, it has been highlighted that, when it comes to ebooks ‘the EAA is very thorough’ as it ‘takes into account the whole value chain from book production to consumption’. Although the EAA was enacted in 2019 and should have been transposed by the Member States by 2022, accessibility obligations will come into effect from 28 June 2025.
The EAA and the Marrakesh Package
The imminent coming into effect of EAA accessibility obligations has prompted some publishers to suggest that, in fact, the Marrakesh Directive in particular has lost, at least partially, its relevance. The Fédération des Editeurs européens highlights that the EAA is “a game changer in terms of the commercial availability of accessible books” and the enhanced availability of commercially available accessible copies should prompt for a careful approach in terms of disability copyright exceptions which should be reflected in any revision. The Fédération des Editeurs européens suggests that AEs should be able to “focus even more on cooperation with stakeholders, to avoid duplication and conflict with the commercial exploitation” of works, and similar arguments are put forward by the French Publishers Association (SNE). However, as highlighted in the recent “Study to support the evaluation of Directive (EU) 2017/1564 and of Regulation (EU) 2017/1563, which implement into EU law the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled”, the EAA and the Marrakesh Package diverge in their material and personal scope and do not clash or overlap. The EAA in fact will improve availability of ‘born-accessible’ works. However, it will only cover one format, that of e-books, and only apply to works published in digital formats after the cut-off date of 28 June 2025. Notably, the EAA has also a different personal scope than the Marrakesh Package. While the EAA covers people with disabilities, meaning that ebooks will need to be accessible to all people with disabilities (not just people with print disabilities). Further, given that the EAA does not apply to micro-enterprises, it substantially exempts small publishing houses from its obligations.
The qualitative research conducted in the DANCING project from the perspective of organisation of persons with disabilities further highlights that the EAA, in spite of its importance to support access of people with disabilities to printed material, neither diminishes nor hampers the relevance of the Marrakesh exception to copyright, which needs to be applied consistently. In particular, qualitative data collected through 10 semi-structured interviews with umbrella disability organisations active at the EU level – designed, deployed and conducted between June 2023 and January 2024[1] – revealed the need to fully and consistently apply the Marrakesh copyright exception and confirmed the importance of the Marrakesh Treaty and of the EU legislation transposing it. A thematic analysis ‘a la’ Braun and Clarke, unveiled that persons with disabilities do see the Marrakesh package as ‘one of the key initiatives from the EU on access to culture for persons with disabilities’ (NGO/OPD_1). One participant further added:
we have heard from certain industry that since now we have the European Accessibility Act that maybe the Marrakesh Treaty is not needed and that is entirely not true… Because I mean even if the Accessibility Act cover ebooks, which are important for access to culture obviously and education, this doesn’t mean that the Marrakesh Treaty is not needed… [by contrast it is essential] to have accessible formats specifically designed for persons with disabilities such as braille, ebooks, DAISY, you know, easy to read books etc. So we see that some industry players are using the Accessibility Act to say, hey now the Marrakesh Treaty is not needed anymore. And that is obviously not true… (NGO/OPD_1)
Another interviewee suggested that
…the [Marrakesh Package] have had a very significant impact and not even fully felt yet …. and I know we have been working a lot with national organisation[s] for blind people… around access to increasing access to alternative formats and … with […] publishers around making books accessible in alternative formats so if you need a digital version that you can listen to with your text to speech that you can get that really easily and quickly. Which is, I think, such a transformation from the past (NGO/OPD_9)
This tallies with the consideration that digital publishing is still relatively underdeveloped and uneven across the EU. Thus, regardless of the different scope of the two acts, the Marrakesh package is also perceived as essential because of existing accessibility shortcomings in the publishing.As one interviewee suggested that ‘[n]ot all the industries are on top of things when it comes to accessibility…’ (NGO/OPD_6). Interviewees also confirmed, in line with previous research, that the Marrakesh Package has stimulated access to, and enhanced availability of, printed material in accessible formats. Such impact is destined to remain even after June 2025.
*This blog post is a short dissemination output of the project entitled ‘Protecting the Right to Culture of Persons with Disabilities and Enhancing Cultural Diversity through European Union Law: Exploring New Paths – DANCING’ which commenced in September 2020 (https://ercdancing.maynoothuniversity.ie/). This project has received funding from the European Research Council (ERC) under the European Union’s Horizon 2020 research and innovation programme (Grant Agreement No 864182). It reflects only the author’s views and does not necessarily reflect those of the European Union or the ERC. I am grateful to Dr. Ann Leahy and Ms Eva Krolla for their support in the data collection process and in carrying out the interviews. I also wish to acknowledge with thanks the contributions of interview participants.
[1] The project encompassed a wide set of interviews. This particular dataset comes from 10 interviews with representatives of umbrella non-governmental organisations (NGOs) working on disability issues at the EU level and organisations of people with disabilities (OPDs). For the purpose of this research, OPDs were identified according to the definition proffered by the CRPD Committee in its General Comment No. 7. The CRPD Committee ‘considers that organizations of persons with disabilities should be rooted, committed to and fully respect the principles and rights recognized in the Convention. Ethical approval was obtained by the relevant Maynooth Ethics Committee.
*This blog post is a short dissemination output of the project entitled ‘Protecting the Right to Culture of Persons with Disabilities and Enhancing Cultural Diversity through European Union Law: Exploring New Paths – DANCING’ which commenced in September 2020 (https://ercdancing.maynoothuniversity.ie/). This project has received funding from the European Research Council (ERC) under the European Union’s Horizon 2020 research and innovation programme (Grant Agreement No 864182). It reflects only the author’s views and does not necessarily reflect those of the European Union or the ERC. I am grateful to Dr. Ann Leahy and Ms Eva Krolla for their support in the data collection process and in carrying out the interviews. I also wish to acknowledge with thanks the contributions of interview participants.
Authors: Nina Trubanová, PhD Researcher at UCD SBES and Co-founder of Agape Open Science Community. Aswathi Surendran, PhD Researcher at University of Galway and Co-founder of the Agape Open Science Community. Cassandra Murphy, GoGreenRoutes PhD Researcher, ALL Institute and Department of Psychology at Maynooth University and Co-founder of Agape Open Science Community.
In the dynamic landscape of contemporary research, the concept of ‘open science’, also known as open scholarship or open research, serves as a multifaceted umbrella encompassing a range of principles such as open data, open access, open source, open peer review, open educational resources, citizen science, equity, diversity, and inclusion.
Author:Ilia Marcev, PhD Candidate at the Department of Psychology, Maynooth University, and a Research Assistant with the ALL Institute’s SHAPES Project
Ilia Marcev
Unless your internet connection has been as unreliable as the weather forecast, or you were marooned on a desert island over the past few weeks, there is a strong chance you heard of the alleged “alien” bodies discovered in Mexico recently. While this strange discovery made international news, it drew very poor engagement and attention from the average UFO-enthusiast, let alone the average person like you and me. I believe it is fair to say that ten years ago this story would have exploded like a supernova across the internet, but today, the majority of people seem rather unconcerned with this novel development in humanity’s timeline. I can only speculate that the reason the world is unconcerned with potentially discovering our Martian neighbours is because, as exciting as alien intelligent life may sound, we are likely far closer to discovering new intelligent life here on Earth that would rival our own. This new intelligence is better known as – Artificial Intelligence (A.I.).
Author: Matthew McKenna, PhD Researcher at Maynooth University’s Assisting Living and Learning Institute (ALL), Research Funded through the Science Foundation of Ireland (SFI) Centre for Research Training in Advanced Networks for Sustainable Societies (ADVANCE CRT)
Matthew McKenna
‘The disability convention should accelerate the trend underway in most corners of the world toward respecting and advancing the rights of persons with disabilities. It will reinforce reform efforts underway in many countries. It will help put in place a dynamic of reform in those countries that have yet to begin a serious reform effort’ (Quinn, as cited in Quinn and Waddington ed., 2009, p. 114).
The above quote from Quinn and Waddington was made in the aftermath of the entry into force of the United Nations Convention on the Rights of Persons with Disabilities (CRPD/Convention) in 2008. Their prediction proved to be correct as the CRPD provided a global framework for the advancement of human rights for and by, persons with disabilities, and helped to bolster existing frameworks for legal and policy reform efforts. It also helped to usher in new multilateral initiatives and strategic programmes to tackle disability discrimination and was intended to foster inclusion and human rights for all people irrespective of age or disability status. Whilst its implementation is still very much a work in progress, the CRPD proved to be a pivotal legal and policy instrument of international law by highlighting the discriminatory and inaccessible nature of modern society, thus raising the question of a need for a UN Convention on the Rights of Older People. On 1st October, the UN International Day of Older Persons, this proposed convention is worthy of serious discussion and renewed consideration.
Author:Firdavs Kabilov, PhD Fellow at the Maynooth University School of Law and Criminology, Maynooth University
Firdavs Kabilov
Climate change has become a defining global challenge, with far-reaching implications for the governments and businesses. As the urgency to address climate change increases, novel avenues are being explored to catalyse action. One such avenue is climate litigation, a strategy that seeks to hold governments and businesses accountable for their contributions to climate change. The United Nations Environment Programme’s latest report Global Climate Litigation Report: 2023 Status Review shows that climate change-related lawsuits have substantially increased in recent years. As of December 2022, there were 2,180 climate-related cases filed in 65 jurisdictions, including international and regional courts. This brief post will focus on some of the most recent and notable cases to highlight emerging trends on climate change litigation and their impact on government policies and business practices.
Author: Matthew McKenna, PhD Researcher at Maynooth University’s Assisting Living and Learning Institute (ALL), Research Funded through the Science Foundation of Ireland (SFI) Centre for Research Training in Advanced Networks for Sustainable Societies (ADVANCE CRT)
Matthew McKenna
The mission and work of the Assisting Living and Learning (ALL) Institute implements a novel, inclusive, and human-rights based perspective on ‘the development and application of appropriate technologies, person-centred systems and evidence-based policies and laws’. This highly complex and entangled web of social, legal, scientific and philosophical disciplines requires the skills and input from persons and professionals from a hugely diverse array of fields, who all share the common unifying goal of promoting a human-rights based approach to social inclusion, development and technological integration in society. Inclusive social policies and laws play a critical role in ensuring the equitable realisation of these goals. However, in order to challenge and disassemble discriminatory power structures supported by non-inclusive laws and policies inherited from an often problematic and segregated human history, it is imperative that future decisions are made with ‘eyes wide open’ to the role of humanitarian and inclusive discourse. These goals can only be achieved with social awareness and utmost caution to the powers of discourse, and through an understanding of how past wrongs can be repeated when there is collective ignorance towards the immense social influence and symbolic force wielded by language and social interaction.
“Every discourse, even a poetic or oracular sentence, carries with it a system of rules for producing analogous things and thus an outline of methodology”(Jacques Derrida, 1995)
Author: Gizem Yardimci, Early Career Researcher at ADVANCE CRT, PhD Student with Assisting Living and Learning Institute (ALL Institute) and School of Law and Criminology, Maynooth University
Gizem Yardimci
The recent Turkish elections concluded a few weeks ago, marking one of the highest electoral turnout processes in Turkish history. This blog, which draws on my PhD research, aims to critically analyse the recent intense election process in Türkiye, examining the relationship between voter participation and the role of digital platforms, to ascertain the extent to which we can actually consider these elections “fair” and “free”. According to the Supreme Election Council of Türkiye, 88.92% of voters participated in the first round, and 85.72% in the second round. However, does such high participation serve as an indicator of the elections being conducted in a democratic, free, and fair environment? According to political scientists, high participation in this instance reflects a highly polarized and intense two-round election marathon. Additionally, digital platforms played a crucial role in communication for both parliamentary candidates and the four presidential candidates just before the first and second round.
On 14 May 2023, four candidates ran for the presidency. Turkish citizens living abroad also had the right to vote, and the process for these voters had begun weeks before the electoral day. However, days before the election, one of the candidates, Muharrem İnce, withdrew, resulting in a shift in the votes of domestic electorates. However, voters living abroad had already cast their votes. This news can be interpreted as an indication that the electoral process, as carried out, was not equal in terms of timely access to information, at least for voters living abroad. In addition, it should be highlighted that there are potential risks if citizens living abroad vote in advance, especially in an election where the results are quite close.
Author: Gizem Yardimci, Early Career Researcher at ADVANCE CRT, PhD Student in Law, Maynooth University
Gizem Yardimci
The Draft Artificial Intelligence Act (Draft AI Act) for the European Union (EU) represents a significant milestone towards the regulation of technologies employing AI within the EU. Since the zero version of the Draft AI Act was released on 21 April 2021, it has been discussed extensively by academics, policymakers and professionals who are involved in the decision-making processes within the EU. In May of this year, the European Parliament released a Draft Compromise Text with significant amendments on the Draft AI Act. Therefore, the European Parliament is in a position to launch ‘trialogues’ with the European Commission and the Council of the European Union. Overall, this development represents a formal step towards finalising the regulation for AI systems in the EU.
The main goal of the Draft AI Act is to improve the functioning of the internal market and to advance the creation of a digital single market as indicated in the Digital Single Market Strategy.
