Mind the (accessibilities) gap: Copyright flexibilities and media regulation

This chapter examines the ongoing challenges in ensuring access to audiovisual media for persons with disabilities in Europe. The analysis focuses on the intersection of disability rights, copyright law, and media regulations. It contrasts progress in print material accessibility with ongoing challenges in audiovisual content. It critically examines EU efforts, including the Audiovisual Media Services Directive and the European Accessibility Act, revealing limitations in addressing legacy content and varying obligations for different media service providers. It highlights persistent accessibility gaps stemming from the lack of harmonisation in copyright exceptions, lacunae in the regulation of Video-on-Demand providers, and the uncertain impact of the Accessibility Act. The discussion concludes by underscoring the importance of addressing these challenges to fulfil the promise of equal access to cultural materials for all, and that this promise is yet to be fulfilled despite the multi-prong approaches to address them.