9.IV. Access to cultural industry products
IV – Access to cultural industry products
- 4.1 Access to public broadcasting and the representativeness of people with disabilities on TV
Actions taken by France Télévisions to make their programmes accessible to people with a visual or hearing impairment and to improve the representation of disabled people on antennas
4.1.1 Access to programmes
France Télévisions' accessibility policy is organized around three actions: audiodescription, subtitling and sign language interpretation.
All the commitments made in France Télévisions' Objective and Means Agreement (COM) 2011-2015 are reaffirmed in the 2013-2015 amendment to the 2011-2015 COM signed on 22 November 2013. The figures presented below are taken from the latest available COM implementation report for 2012.
4.1.1.1 Audiodescription1
With regard to audiodescription for the blind or visually impaired, France Télévisions made a commitment in COM 2011-2015 to go from an average of one audio program described per month on all its antennas, as was the case in 2010, an audio-described program per day in 2013, then two programs per day in 20152. This objective is confirmed in the 2013-2015 amendment to the COM.
The target for 2012 was exceeded, with 190 audio-described programmes broadcast (against a target of 104). The service was able to be extended to France 3 from September and France Télévisions focused on creating diverse meetings (fiction, cinema, documentary) and clearly identified by the public (cinema box in the first part of the evening on Sunday on France 2, Footprints on France 5, French fiction on France 3). As for the France 3 audiodescription, it is now equivalent to that of France 2, or 105 hours of broadcast for the year 2013. Communication on described audio programs has also been improved, with systematic and harmonized signage in trailers.
In 2012, France Télévisions recorded:
67 audio-described programmes broadcast on France 2, including television series Clash, Inquisitio or Cain, the first part of the evening movies Jaquou the crunch, A prophet, Neuilly his mother, The Choristers or Gainsbourg (heroic life);
10 audio-described programmes broadcast on France 3, whose first audio-described program, the film Kidnapping Lucas Belvaux, October 4, 2012, on the occasion of the National Day of the Blind and Visually Impaired; the series The Charterhouse of Parma and The blood of the vine;
17 audio-described programmes broadcast on France 4, among which the documentary series SOS Veterinarians, the film Titanic;
96 audio-described programmes broadcast on France 5, mainly documentary portraits from the collection Footprints.
In addition, in accordance with decision no. 2012-135 of the Conseil supérieur de l'audiovisuel, France 2 broadcast the official campaign modules for the presidential and legislative elections in audio-described version.
As for the digital world, a smartphone app has been put to the test, which relies on live synchronization to allow the cohabitation between the blind and the visually impaired in front of the same program, and the provision of audio-described content on demand.
The work of the technical and digital teams to make available the audiodescription functionality on francetv pluzz, both live and offline, and both fixed and mobile Internet, continued with a view to gradual commissioning between the end of 2013 and mid-2014.
4.1.1.2. Closed captioning
Pursuant to Article 53 of the Law of 30 September 1986 on freedom of communication, the COM of France Télévisions determines the commitments allowing, within a period of five years following the publication of Law No. 2005-102 of 11 February 2005 for equal rights and opportunities, participation and citizenship of persons with disabilities, adaptation for the deaf or hard of hearing of all television programmes broadcast, subject to derogations justified by the characteristics of certain programmes.
As such, the 2013-2015 amendment to the COM reaffirms the commitments made in the 2011-2015 COM which itself reiterated the obligation contained in the 2006-2010 COM to caption 100 % of national programmes, excluding advertising messages and excluding programmes for which derogations have been granted by the Conseil supérieur de l'audiovisuel (CSA)3. The company fulfils this obligation for France 2, France 3, France 4 and France 5. In the case of France Ô, which became a national channel in mid-2010, the increase continues4. Moreover, if the obligation included in the COM excludes the regional programmes, as was the case in the previous COM, because of the significant cost of subtitling all the stalls in France 3, The company should be encouraged to consider this issue.
Beyond its quantitative obligations, France Télévisions reiterates in the amendment to the COM the commitment to take special care to the quality of subtitles. Similarly, the company will make its best efforts to further explain to those concerned how to access the subtitles.
France Télévisions attaches great importance to the quality of subtitles: it and its MFP subsidiary in charge of subtitling signed the quality charter of subtitling in December 2011, under the aegis of the CSA5.
As regards the digital development of the means of accessibility, this has continued for closed captioning as well as for audio-description, with the horizon of their implementation on all versions of francetv pluzz and all media.
The year 2012 was marked by a significant advance, much anticipated by the audiences concerned: from April, a substantial part of the programmes of France Télévisions were available in subtitled version on francetv pluzz, in remedial. On the occasion of the presidential and legislative elections, the subtitles of the France 2 editors' special issues were put online after having been resynchronized in order to neutralize the now incompressible delay of a few seconds that elapses between the speakers' speech and the display of the subtitle. The debate was thus made accessible to the deaf and hard of hearing in satisfactory conditions of comfort of reading, in favor of a better intelligibility of the stakes of the elections.
Finally, in addition to the programmes broadcast on the air, the company publishes in subtitled version more than 70% of its DVD catalogue, via its subsidiary France Télévisions Distribution.
4.1.1.3. Sign language interpretation
Measure 38 of the 2010-2012 Hearing Disability Plan of the Ministry of Labour, Social Relations, Family and City, provides that “included in France Télévisions' agreement of objectives and means the translation into French sign language, as of January 1, 2011, of at least one evening television news.”. The transcription of this obligation in COM 2011-2015 was therefore the subject of discussions between the company and the State, which showed that, in the absence of a successful technological solution, it was possible to envisage over-the-air inlay of the French Sign Language Dubbing (LSF) vignette at the request of the viewer, As the APF points out in its 2010 annual report to the National Advisory Council on Persons with Disabilities, the integration of this device is too restrictive in terms of dress to be systematically imposed on one of the evening newscasts.
However, France Télévisions made the commitment in the COM 2011-2015 to offer an increasing number of programmes with LSF interpretation and reaffirmed this commitment in the 2013-2015 amendment. In addition to the antenna, the company will examine all the possibilities offered by its digital platforms and all the new means of broadcasting (smart television, SMAD, etc.) to provide LSF access to its most emblematic programs.
In addition, as for the audiodescription, France Télévisions intends to rely on associations working for the development of the LSF to choose the programs concerned, especially for youth.
The offer of sign language programs was also maintained in 2012 in its configuration from previous years. The annual volume is therefore stable compared to 2011, at approximately 165 hours:
on France 2 : 2 flashes of information broadcast at 6:30 and 8:55 in Telematin;
on France 3 Questions to the Government in the National Assembly, the Wishes of the President of the Republic and his official speeches;
on France 3 in Poitou-Charentes, two regional news newspapers in the Saturday noon and evening editions;
on France 5 : the specific magazine The eye and the hand, broadcast three Mondays a month at 8:30, and rebroadcast on Saturday at 10:30;
on the antennas of Overseas 1st: Papiyon stolen, a 26-minute monthly magazine broadcast in the West Indies and French Guiana (since March 2010) to change everyone’s perspective on disability, Réunion 1er’s daily newspaper is translated into sign language.
Finally, an animation series on deafness, sign language and integration, entitled Wrench to Molette and Jo, was launched in production for France 3.
4.1.1.4. Digital developments
Beyond the commitment made by France Télévisions in the COM and the amendment to the COM concerning the LSF, the company integrates the issue of accessibility to all its digital developments.
For example, the portal lesite.tv for all, declination of lesite.tv, the educational video portal at the request of France 5, deployed in partnership with the Scéren-CNDP with the support of the Ministry of National Education. lesite.tv for all offers 600 educational videos, accessible to students with disabilities via a reader specially developed for the site. All videos are thus available with a parallel video stream (and a separate thumbnail, at best preserving the integrity of the image) allowing optionally to activate LSF dubbing or subtitling.
Finally, France Télévisions continued its work in 2012, including the broadcasting of channels live from the website pluzz.fr (effective in spring) and a redesign of the site, in order to improve and harmonize the user experience on all screens (web, mobile, IPTV) by offering the richest possible content offering, while creating a natural link to Video on Demand content and improving accessibility for people with disabilities (part of Pluzz is available in subtitled version since spring 2012, which is a first in the landscape of catch-up services).
In addition, France Télévisions is considering the possibilities offered by the HBB TV format of connected television in order to be able to insert optionally the image of subtitles and an interpretation in LSF. Another avenue of reflection is the development of a mobile application to synchronize an audiodescription flow with the image broadcast on the air. Thus a person with a visual disability could follow a program on the air, while listening to the audiodescription with his mobile.
4.1.2 Representation of persons with disabilities in programs
The COM 2011-2015 of France Télévisions and the amendment 2013-2015 provide that a greater diversity is required in the choices of animators and journalists, characters of fictions, or personalities invited to intervene in plateau programs (magazines, entertainment and gaming programmes), including experts. This diversity concerns all categories of the population, especially persons with disabilities.
In general, France Télévisions is committed to helping people with disabilities, as well as all categories of the population who do not have sufficient access to the media, to promote and above all to “normalize” their presence on the air.
In the field of disability representation, France 2 has focused its attention on fiction and the creation of «model» characters. This is particularly the case for the character of Cain (police series of the same name broadcast in the box of Friday night crime novels in prime time) , whose second season is being shot, but also characters from the comedy series Vestaries. Dressing rooms is currently broadcasting its third season, the fourth is being signed.
<span>France 3, France 4 and especially France 5 address disability through the documentary (Dans la peau d'un handicapé, Samy le combat d'une mère, for example), the magazine (l'Œil et la main), but also events evenings (Handicap à fond la vie en prime time early 2014 on France 3).</span>
The policy of France Télévisons has resulted in a better exposure of the specific problems of disability: on France 2 nearly 138 reports were broadcast in the television news of 13 and 20 hours; on France 3 (national editorial) nearly 33 subjects in the 12/13, 25 in the 19/20 and 21 in the Evening 3; on the regional and local branches of France 3, more than 800 reports on the theme of disability and regular presence of disabled people on the sets.
With regard to animation, both in production and in purchasing, the youth unit, which works for all channels, is proactive in the area of diversity and ensures the selection of projects that make it possible to better understand the world in all its differences, be they disability, ethnic origin or gender diversity. Among the programs broadcast in the youth boxes of the group’s antennas, the series Mini Loup, including the episodes The bobo of Mini Loup and Émilie stuttering address the issue of disability and its acceptance.
Finally, in line with its commitments, France télévisions is committed to promoting the practice of handisport. 2014 is an Olympic year and for the Sochi Paralympic Games, an important mechanism is set up on the channels of the group: live broadcast on France 4 of the opening and closing ceremonies, but also of the major sports events: more than 60 hours live as well as a daily summary on France 3 and a Stade 2 special on France 2.
On 18 November 2013, the Chairman and CEO, Rémi Pflimlin, inaugurated the Disability Week at Work by bringing together at the headquarters of France Télévisions the representatives of the associations, the institutions and the employees of France Télévisions concerned by the disability integration process, as well as the press. He presented the operations set up at France Télévisions during the week and more generally for the integration of employees with disabilities, but also discussed the commitments and developments in terms of programme accessibility as well as new disability programs. It should be noted that the third season of ' Changing rooms», November 18, 2013, and the planned coverage of the Paralympic Winter Games in February 2014.
In addition, on the occasion of the Disability Week at Work, a brochure presenting France Télévisions' global disability policy was published and sent to all disability stakeholders.
4.1.3 Implementation of measures announced in the Interdepartmental Committee on Disability (ICH)
4.1.3.1 The deployment of the France Télévisions campaign on how to use the accessibility of television programmes
In accordance with its commitments, France Télévisions broadcast on its antennas, from 18 to 24 November 2013, as part of the Disability Week at Work, a video featuring the audiodescription in a humorous way. This clip has benefited from an important exhibition in particular in spaces before the 20h of France 2. The editorial monitoring is carried out by the directorate of antenna harmonization and the artistic direction.
Several avenues have been explored for the design of a clip "how to" accessibility. They have led to the difficulty of reporting in an aerial clip the variety of paths proposed by the operators to find the channel of distribution of subtitles or of the audio recorders. The choice was therefore made of a focus on audiodescription to make viewers aware of accessibility and to refer to a telephone number on the one hand, and to an internet page on the other, all the practical information necessary for the viewer with a disability. <span>The France Télévisions group noted a significant number of calls during the broadcast week of the clip which clearly shows the usefulness of strengthening practical information, especially on the web page. He proposed that this page be improved in a joint work with associations representing persons with disabilities. (Internet address: francetv.fr/accessibility<a href="http://francetv.fr/accessibilité"><http://francetv.fr/accessibilité></a>. Telephone number: 0890710202).</span>
4.1.3.2 Developing the accessibility of digital offers for children
As regards the offer for children, the offer of France Télévisions will be developed within the framework of the new identity of France 4 dedicated to children during the day, as well as by the creation of a digital platform for the youngest.
The representation of disability and more generally of difference has always been a strong editorial axis of the youth policy of the France Télévisions group. In addition, the issue of the development of audiodescription on some of the children’s programs is one of the areas that the group wishes to develop. This topic may be the subject of meetings and exchanges with associations of visually impaired people to determine the relevance of the audiodescription. The 2014 objective is also to strengthen the offer of closed captioning of children’s programs on Pluzz in catch-up.
With regard to the educational programs now grouped in the platform francetvéducation, France Télévisions has developed for several years "the website.tv pour tous", portal of educational videos on demand accessible to students with disabilities.
4.1.3.3 Taking into account French sign language interpretation of television programmes (especially television news) and the new digital platform
As regards the interpretation of the 20:00 news in French Sign Language (LSF), the France Télévisions Group favours the development of digital solutions.
A Working Group is formed within the Group bringing together the Innovation Directorate, Digital Management, MFP, associations and innovative SMEs to advance second screen solutions for LSF interpretation. This working group met in September 2013 and established a schedule of three meetings in the first quarter of 2014. The objective is to propose concrete innovative solutions and then study the financial feasibility within the framework of budgetary constraints.
France Télévisions does not foresee any special arrangements for the election period regarding translation into LSF. On the other hand, since the end of 2013, MFP has been entrusted with the entire captioning activity, which should make it possible to obtain a homogeneous quality of subtitles, particularly for live political broadcasts and electoral debates. It is also worth noting the partnership project between Francetvinfo and the company Websourd, with a view to developing an information offer in LSF.
4.1.3.4 The user panel concerning the audiodescription and the audiodescription development plan for the group’s programmes
MFP, a subsidiary of France Télévisions and a provider of closed captioning and audiodescription, has initiated work in connection with the CFPSAA (French Confederation for the Social Promotion of the Blind and Amblyopes) and its user panel.
The proposal was made to the associations representing people with visual and hearing disabilities to organise regular meetings with the relevant group management, under the aegis of the Social and Environmental Responsibility (CSR) Directorate, to discuss the quality, instructions and choice of programs. The first meeting is scheduled for the first quarter of 2014.
4.2 Access to Works and Cinematographic Institutions
At the request of the Ministry of Culture and Communication, the CNC has set up a working group on the theme of making film establishments accessible under the law of 11 February 2005, which establishes the obligation for all LES to be accessible to persons with disabilities on 1er january 2015.
Composed of representatives of federations and/or associations of persons with motor and/or sensory disabilities (APF, CFPSAA, UNISDA, UNAPEI), of the film exploitation and distribution sectors as well as representatives of relevant ministries (Ministry of Culture and Communication and Ministry of Ecology, Energy, Sustainable Development and the Sea) and the CNC, it met monthly since May 28, 2013.
Two sub-groups (regulatory and communication) work on each of the objectives defined below:
- To make the specificities of cinematographic establishments compatible with the law of 11 February 2005 and work to take them into account in the framework of regulatory procedures,
- Facilitate the implementation of practical tools enabling access to works and rooms.
A sub-group “financial issues of accessibility” will meet later, based on the work of the sub-groups and the state of play carried out by the CNC (infra).
4.2.1 Accessibility to film establishments
From November 12 to December 30, 2013, a questionnaire was put online for the rooms. Developed by the CNC and validated by the FNCF and disability associations, it covers motor and sensory disabilities.
More than a simple inventory, this questionnaire will allow to estimate the costs of accessibility and measure the funding needs; It should be noted that all expenditure on accessibility is already taken into account in the investment aid for film establishments, whether automatic or selective. In addition, as part of the assistance for the digitization of rooms, the agreement with the institutions receiving the aid provides for a commitment to devote part of their programming to works accessible to the deaf and hard of hearing and the visually impaired to the extent of their availability.
- The responses received are a very representative sample of 3,336 screens, or 63% of the park. These 3,336 screens represent 71% of admissions in 2012 in 890 establishments (47% of the stock).
- Representativeness by size of urban unit increases with size of urban unit : 32% of establishments located in rural areas responded to the survey, for more than 52% of cinemas in urban units with more than 50,000 inhabitants.
- 82% of establishments are accessible to people with reduced mobility (of which 16% partially). People with reduced mobility have access to films offered in 732 French cinemas.
- 31% of establishments are equipped with sound devices for the hearing impaired. Magnetic loops make up the vast majority of these devices (88%).
- 27% of establishments proposed in 2012 a French film with subtitling for the deaf or hard of hearing (equivalent to the proportion of French films subtitled in the same period of 2012 (50 out of 209 films or 24%).
- 12% of establishments are equipped with audio description, very regularly used (63% in 2012).
During the meetings of the working groups, disabled people’s organisations were able to get in touch with UGC, CGR and the Gaumont Pathé cinemas on the issue of circuit equipment for accessibility for people with sensory disabilities. During the meetings, the leaders of the circuits were able to explain their technological options and their deployment policy. Circuits and associations will continue this dialogue in the coming months.
4.2.1.3 Identification of Major Enforcement Issues
A census by theme: airlock, brightness, bleachers, sanitary, consistency of security and accessibility requirements, location of the chairs was carried out by the CNC, in collaboration with the architect-consultant of the Agency for the Regional Development of Cinema (ADRC) and the Fédération Nationale des cinémas français (FNCF).
This census identifying the difficulties of application or interpretation of the law and its decrees must contribute to the search for solutions that may be of several orders: regulatory adjustments, circulars of the Ministerial Delegation for Accessibility (DMA), recommendations for good practice.
4.2.1.4 Order Defining Additional Characteristics Applicable to Film Establishments
A draft order adopted pursuant to Decree no. 2006-555 of 17 May 2006 was proposed by the TNC to the working group.
4.2.2 Accessibility to cinematographic works
4.2.2.1 Audiodescription and Closed Captioning Assistance for Deaf and Hard of Hearing (WES)
In order to encourage producers of French initiative films to produce, during the post-production of the films, audio description and subtitling files available as soon as the films are released in theatres and then usable in the other broadcast windows (TV, physical video and VAD), the CNC has designed a specific aid. This aid is intended for feature films.
To date, a dozen grants have been granted. As this figure is lower than expected, the CNC has intensified information on the scheme among professionals. A progress point will be made in the first half of 2014.
In 2014, between 150 and 180 films could be eligible for support.
4.2.2.2 Heritage films
The production of SME subtitles and audiodescription is both a criterion for assessing the quality of the project submitted and an eligible expenditure for the digitization aid scheme for French cinematographic heritage works (decree of 9 May 2012).
This aid relates to works of silent and spoken films, both short and feature films of all genres, which were released in theatres before 1 January 2000.
At the end of 2013, 300 films restored and digitized thanks to this device offer a subtitled version SME and audio written.
4.2.3 Communication
4.2.3.1 Implementation of a common signalétique
The FNCF has tested with its members, cinema operators, pictograms relating to audiodescription and subtitling for the deaf and hard of hearing. These pictograms currently being validated will be adopted in a standardized way by cinemas, public information platforms (such as Allociné) and professional centres (such as Plurimedia).
4.2.3.2 Building a database of available films
The CNC’s computer base, CINEDI, will be enriched for unpublished films and heritage films information relating to the SME closed-captioned and audio-printed versions. This information, entered in particular on the occasion of the application for an operating visa, will be accessible on the CNC’s website, from the home page, in a “accessibility/disability” section.
This interface for both professionals (cinemas) and people with disabilities, will be accessible via a vocalization software for people with visual impairments.
Computer developments are ongoing.
4.2.3.3 Information on the range of films accessible via dedicated sites
Reflection and collaboration have been initiated within the TNC groups, on the one hand to provide relevant information on accessible sessions and on the other hand to make information platforms such as Allociné, Plurimedia and Côté-cinéma accessible to people with visual disabilities.
The CNC can contribute to funding the accessibility of such sites or platforms (internet, smartphone application, audiotel), notably through the Audiovisual and Multimedia Research and Innovation (RIAM) open to innovative technologies.
4.2.3.4 Information for distributors and producers
Together with the producers and distributors, a reflection has been undertaken on good practices relating to:
- the circulation of information relating to the available files, from the producer to the distributor to the cinema,
- Availability on “Digital Cinema Package” (DCP - projection copy equivalent) specific files, the provision of "key delivery message decrypted" (KDM - electronic message in which the distributor sends to an operator the key that will allow him to exploit the encrypted file of the film).
4.2.3.5 Outreach to small and medium-sized town operators benefiting from Regional Film Development Agency (CCRA) copies
TheAgency for Regional Film Development (CCRA), at the request of the CNC, has initiated a process to identify films available in audio-described and subtitled versions in order to promote to cinema operators in small and medium-sized cities to which they provide copies, programming of these versions for audiences with sensory disabilities.
4.2.3.6 Information on the range of films available through professional publications: Côté Cinéma, le Film Français et Écran Total
In order to improve the audience’s knowledge of the existence of audio-printed and subtitled versions, an awareness campaign was launched among professional periodicals of the usefulness of communicating this information in their publications.
4.2.3.7 Training of staff in film establishments on accessibility issues
The projects of the working groups include a section on the training of reception and cabin staff.
4.2.4 The other actions
4.2.4.1 Implementation of the measures announced in the Interministerial Committee on Disability (CIH): COMMISSION IMAGES DE LA DIVERSITE
The ICH of September 2013 confirmed that the Images de la diversité Commission will include in its next mandate a member appointed by the Minister in charge of Persons with Disabilities.
The Images de la diversité commission, co-managed by the CNC and the ACSE, was created in 2007 in response to the 2005 suburban riots, with the objective of ensuring a representation closer to the reality of the diversity of the French population. The commission’s constitutive decree explicitly aims to promote the immigrants that constitute the history of France and the 2012 decree that renewed the support mechanism pursues these same objectives. Including the subject of disability, in the works eligible for support of the commission, will require a modification of the decree and an interdepartmental discussion.
4.2.4.2 Accompanying measures
NCC Support to Associations
In addition to technical arrangements, which make cinemas and works accessible, it is necessary to provide support for structures which provide a bridge between disabled people and the cinematographic offer, to facilitate the meeting and enrich it by proposals taking into account the expectations and constraints of each. The CNC supports a number of national associations such as:
- Image feedback: funded to ensure missions of «resource center», it gives advice for programming, educational and training actions; it provides documentation on cinema accessibility and information and advice for audio description and subtitling (SME).
- Ciné-ma difference promotes access to cinemas for people with mental disabilities in a gender perspective.
- Each year, Les Toiles enchantées organizes workshops and about 300 screenings of films for children or young adults who are sick or disabled in a hundred hospitals and day centres throughout France.
- Kyrnéa International: Within the framework of Passeurs d'images, actions are carried out with disabled audiences.
SME subtitling and specific audiodescription
- 150 documentary works from the “Images of Culture” catalogue
- A dozen films - on an experimental basis - of educational devices (school at the cinema, College at the cinema and High school students and apprentices at the cinema).
4.44.3. Access to books and reading
4.3.1 Implementation of the copyright exception for persons with disabilities
The law of 1 August 2006, known as the DADVSI law (copyright and related rights in the information society) introduced a new exception in the Intellectual Property Code to the right to reproduce and represent authors and holders of related rights for the benefit of persons with disabilities1. This exception allows, without prior authorization or remuneration of the rights holders, the reproduction and representation of protected works on media adapted to the disabled, carried out for non-profit purposes by legal persons and by establishments open to the public (such as libraries, archives, documentation centres, specialized medical centres...).
The law of 1 August 2006, known as the DADVSI law (copyright and related rights in the information society) introduced a new exception in the Intellectual Property Code to the right to reproduce and represent authors and holders of related rights for the benefit of persons with disabilities1. This exception allows, without prior authorization or remuneration of the rights holders, the reproduction and representation of protected works on media adapted to the disabled, carried out for non-profit purposes by legal persons and by establishments open to the public (such as libraries, archives, documentation centres, specialized medical centres...).
The decree of 19 December 2008 specifies the modalities of application of this exception, distinguishing between two types of approvals: the bodies authorized to adapt the works (simple approval) and the bodies authorised in addition to request the source files of the publishers (approval to obtain digital files via the PLATON platform, managed by the Bibliothèque nationale de France).
The National Library of France launched in June 2010 a secure platform for the deposit and transfer of digital files used for printing works (PLATON). Since the commissioning of PLATON2, approximately 6,000 files were requested and forwarded to approved organizations. The speed of file deliveries by the publishers and the high technical quality of these files, as well as the exemplary respect of the recommendations of the commission by the approved structures, should be emphasized (staggered requests, early declaration of end of adaptation and systematic destruction of source files).
As of December 31, 2013, the Disability Exception Commission has approved 76 structures for simple accreditation, and 30 structures for accreditation to obtain digital files from publishers. This second level of accreditation shall be granted only to structures already holding the simple accreditation. The files presented mainly come from associations and medical and social institutions. Requests from libraries or university-related structures are increasing due to the growing awareness of the exception.
Approved structures are required to send the Commission an annual report on adaptation activities covered by the exception. The analysis of this report should make it possible to evaluate the progress of the adapted publishing offer by editorial genre (school and fiction books, adults and youth, press, musical scores) and by type of adaptation (braille, large print, sound, digital...).
Various improvements to the system have been implemented under Law no. 2011-901 of 28 July 2011 (Article 22):
- a relaxation of the initial period of two years following the legal deposit allows the approved bodies to request all the files used to publish a printed work whose legal deposit date is less than 10 years and after 4 August 2006;
- the BNF now retains the files deposited by the publishers on the PLATON platform without time limitation;
- the approved bodies undertake to destroy the files transmitted by the BNF once their adaptation work has been carried out in order to optimise the security of the files.
1 http://www.exception.handicap.culture.gouv.fr/
2 Digital works transfer platform, https://exceptionhandicap.bnf.fr/platon-web
4.3.2 Developing an accessible business offer: launch of a study in 2014
The development of the adapted offer is now mainly assumed by the approved structures within the framework of the implementation of the exception for disabled persons, these adaptations (except for some important structures) represent a heavy investment and affect a relatively small audience. Indeed, the structures generally work to meet the needs of a local public and within the limits of the conditions set by decree no. 2008-1391 of 19 December 2008 which defines the beneficiaries of the exception.
In order to complement the sometimes very specialized work and proximity of the structures approved under the disability exception, a working group was formed in 2012 with representatives of publishers and persons with disabilities, to promote the development of the appropriate commercial offer.
The first objective of this working group is to launch and pilot a study on the economic models of an accessible offer. The dissemination of this work would allow publishers to position themselves more easily on a commercial, digital and audio offer at least towards individuals and libraries. Technically, the fact that the Epub format is required for the digital edition and the Daisy format for the adapted edition as well as the very close proximity of these two formats is an extremely promising way to improve the offer.
If the main challenge is to work towards sustainable solutions for a better reading offer for audiences prevented from reading, in compliance with copyright, It should also be noted that a significant increase in the adapted commercial offer would also make it possible to compensate for the lack of a fully developed organisation allowing for the cross-border exchange of adapted files.
This project is supported by the three successive chairs of the Disability Exception Committee and their participation is acquired.
4.3.3 The missions of the General Inspectorate of Cultural Affairs (IGAC) and the Conseil supérieur de la propriété littéraire et artistique (CSPLA)
It appears that Implementing Decree no. 2008-1391 of 19 December 2008 on the implementation of the copyright exception, related rights and the right of database producers in favour of persons with disabilities does not take into account the adaptation needs related to specific disorders. For example, dyspraxia affects people whose disability rate is usually below the regulatory threshold of 80%, but whose visual organization disorder does not allow access to inappropriate content.
With regard to this issue, a mission was entrusted to Catherine MEYER-LERECULEUR, Inspector General of Cultural Affairs. The first part of this mission was to identify the needs not covered by the device of the exception to copyright and the various possible solutions. In particular, it was necessary to assess the consequences of broadening the exception, both from the point of view of rights holders and persons with disabilities, but also with regard to the technical capacities by which commercial publishing could disseminate natively accessible or adaptable digital books. The mission also examined the advisability and possibility of carrying out a legal project to better cover these needs.
The second part of this mission consisted in taking stock of the adapted edition, to make recommendations for a better coordination of the sector and to identify the avenues of development of an adapted commercial offer in a context of generalization of the production of e-books by publishers.
Returned in June 2013 to the Minister of Culture and Communication, the IGAC report no. 2013-12 of Ms MEYER-LERECULEUR, entitled Exception "handicap" to copyright and development of the offer of accessible publications in the digital age, has made a number of recommendations. Measures are under consideration to go as far as possible in implementing the report’s recommendations.
At the same time, the Higher Council for Literary and Artistic Property (CSPLA) has wished to entrust to a qualified personality a mission intended to accompany the reflection on the challenges and modalities of an international circulation of works in an accessible format, by proposing a solution combining user flexibility for beneficiaries and legal certainty for rights holders.
4.3.4 The Marrakesh Treaty
Marking the culmination of several years of work, the Marrakesh Treaty to Facilitate Access to Published Works by Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, Aims to remedy the shortage of books by requiring its Contracting Parties to adopt in their national legislation provisions allowing, through limitations and exceptions to the rights of copyright owners, the reproduction, distribution and availability in accessible formats of published works.
It also covers cross-border exchanges of these works in accessible formats by organizations providing services to the blind, the visually impaired and those with print disabilities. This sharing of works in accessible format is expected to increase the overall number of works available as it will eliminate duplication of activities.
The Treaty also aims to ensure that authors and publishers that the system will not expose their published works to misuse or distribution to persons other than the intended beneficiaries. The Treaty again lays down the condition that cross-border exchanges of works created on the basis of limitations or exceptions must be limited to certain special cases in which the normal exploitation of the work is not affected or harmed unjustified to the legitimate interests of the right holder.
This Treaty will enter into force after it has been ratified by 20 member states of the World Intellectual Property Organization (WIPO) agreeing to be bound by its provisions.
1 http://www.exception.handicap.culture.gouv.fr/
2 Digital works transfer platform, https://exceptionhandicap.bnf.fr/platon-web
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1 Audiodescription is the process by which images and the action of a film are described by acoustic means in order to make it accessible to the blind and visually impaired.
2 The increase in load is the subject of a specific objective for each year of the COM.
3 Sponsorship mentions, trailers, live songs, sports competitions broadcast live between midnight and 6 am, original or multilingual versions of audiovisual or cinematographic works until the end of 2012.
4 France Ô increased from 7% in August 2010 to 81% of closed captioned programs in December 2010.
5 In addition, in June 2012, MFP obtained for three years the international ISO 9001 certification on the quality of its processes.
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