Settlement of a dispute relating to the implementation of the disability exception

This submission of a case before the court, based on article L. 331-34 of the French intellectual property code, concerned the implementation of the exception in favor of people with disabilities introduced by the August 1, 2006 law.

Under these schemes, authorized organizations can obtain the digital files used to publish works, in order to provide people with disabilities with a reading supply as close as possible to that available to the general public.

The demand concerned the difficulties encountered by an association representing visually impaired professionals in accessing a publisher's works.

The supreme authority for the distribution and protection of intellectual property on internet, Hadopi, proceeded to hear both parties and the relevant department of the Bibliothèque nationale de France, in order to find a solution that would ensure the transmission of the desired files without the risk of abusive reuse. We salute the good will shown by both parties to reach an agreement adapted to the means at their disposal.

This successful outcome illustrates the value of the flexible and rapid regulation proceedings entrusted by the legislator to the Haute Autorité, with a view to reconciling, where necessary, the protection of rights and the effective benefit of exceptions.