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This is an ADLAB PRO video.

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ADLAB PRO is a project funded
by the European Union.

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This video is made available
to you

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on a Creative Commons licence.

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-Hello. I’m Nina Reviers,
from the University of Antwerp,

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and in this ADLAB PRO video

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I will discuss legislation
regarding Audio Description.

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This is Unit 10 in Module 1,
"General Introduction".

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Legislation is a complex
and extensive field.

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AD regulations exist on the global,
European,

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national and local levels.

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In addition, regulations
on the national and local levels

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sometimes differ from one country
or region to the next.

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In this video we, therefore, focus
on four types of legal requirements:

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Legal requirements
on the international level.

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Legal requirements
on the European level.

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Types of legislation
on the local level.

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Legal requirements concerning
authorship and AD.

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The most important document
on the international level

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when it comes to accessibility

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is the United Nations Convention

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on the Rights of Persons
with Disabilities.

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This UN convention was
the first ever document

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with an international scope
that established legally binding

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minimum standards regarding the
rights of people with disabilities

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and served as a catalyst

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for the development
of accessibility services,

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including accessible
media services.

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On the European level,
there are two important documents:

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The European Accessibility Act

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and the Audiovisual
Media Services Directive.

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The European Accessibility Act
primarily wants to improve

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the function of the European market
for accessible products

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and services
by removing barriers

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created by divergent legislation.

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The Act deals with a very broad
range of products and services,

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including audiovisual media.

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The Audiovisual Media Service
Directive governs

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EU-wide coordination
of national legislation

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on all audiovisual media.

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The directive contains one article
on accessible services,

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stating that, and I quote

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“Member States shall encourage
media service providers

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under their jurisdiction to ensure
that their services

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are gradually made accessible
to people

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with a visual
or hearing disability”.

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In other words,
the AVMS is a non-binding agreement

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and countries are free to implement
these recommendations

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the way they see fit.

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National and local legislation
regarding accessibility

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and AD tends to vary
across countries.

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If you want to know more

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about existing legislation
in your country,

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you can take a look at the website
of Mapaccess.org:

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A site that is fully dedicated
to media accessibility

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and includes a so-called
Accessometer,

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which shows the current status
of legislation

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in the different countries
of the world.

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On this website you can see
that the international and European

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legal requirements are implemented
locally and regionally

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in different ways with varying
degrees of enforceability.

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We can broadly distinguish
three types of measures:

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Firstly, there are laws at the
national and/or local levels,

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applying to both public
and private broadcasters.

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The first European country
to implement a law including AD

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was the UK with the 1996
Broadcasting Act.

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A second type of regulation
is sector-driven laws,

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such as specific agreements
with Public Broadcasters,

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which are implemented
in many countries in Europe.

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Examples are Flanders,
where AD and audio-subtitling

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have been included
in public broadcaster

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VRT’s yearly management
contracts since 2007.

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Finally, there are different
types of measures that promote AD

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in areas other than film
and television as well.

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Examples are, again, Flanders,

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where organisations
can obtain funding

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through the Participation Decree
to render an event,

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such as a theatre performance
or sports event,

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accessible to specific groups
including persons with sight loss.

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The above mentioned regulations
mandate different volumes of AD:

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some include actual quota,
such as the UK and Poland,

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others, such as Flanders,
only stipulate

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that AD has to be provided.

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In some countries,
regional laws apply

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and, as a result, certain regions
make a bigger effort than others.

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An example is the Flemish region
of Belgium

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and the state of Bavaria in Germany.

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This may be one of the reasons
why the AD landscape in Europe

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is still diverse
and the offer is fragmented.

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To conclude, I want to point out
that it is important for describers

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to be aware of legal requirements
regarding authorship and copyright.

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Copyright requirements for AD
are unclear,

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but be aware of the fact that
an AD producer

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should acquire permission
to describe an audiovisual product

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from the owner of the copyright
to the film,

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unless the AD will be distributed
in a non-commercial context.

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The AD producer, transfers copyright
permission to the audio describer.

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Describers in their turn,
have authorship of their work,

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and permission should be acquired
if producers want to use your AD.

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Inform about legal requirements
in your country or region

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and make sure these issues
are covered

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in your contracts
and agreements!

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-The preparation
of this presentation

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was supported by ADLAB PRO.

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Audio Description:

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A Laboratory for the Development
of a New Professional Profile

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financed by the European Union

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under the Erasmus+ Programme,

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Key Action 2,

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Strategic Partnerships.

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Project number:

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2016-1-IT02

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KA203-024311.

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The information and views
set out in this presentation

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are those of the authors
and do not necessarily reflect

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the official opinion
of the European Union.

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Neither the European Union
institutions and bodies

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nor any persona acting
on their behalf

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may be held responsible
for the use

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which may be made of
the information contained therein.

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This was an ADLAB PRO video.

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ADLAB PRO partners are:

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University of Trieste,

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Universitat Autònoma de Barcelona,

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University of Antwerp,

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Adam Mickiewicz University,

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RTV Slovenia,

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Utopian Voices,

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Soundfocus and Royal National
Institute of Blind People.

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ADLAB PRO was funded
by the European Union.

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This video was made available
to you

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on a Creative Commons licence.