The National Copyright Administration's notice on the issuance of "Provisional Provisions of Providing Works to Readers in a Non -obstacle"
Author:China Disabled Persons' Feder Time:2022.08.09
Editor
On August 1, the State Copyright Administration issued a notice of "Provisional Provisions to Readers in a Narc obstacle". Let's take a look at the relevant regulations together!
Provide the interim provisions of the work to the readers in a barrier -free manner
Article 1 provides the order of the work in a barrier -free manner to provide the order of the obstacles, and better provide convenience for the use of the works for the obstacles, and give full play to the role of copyright to promote obstacles to participate in social life and share cultural development results. The Copyright Law of the People's Republic of China (hereinafter referred to as the copyright law) and the "Reading Patients for Blind, Visual impairment or other printed obstacles to the Malaca Kashi Treaty" approved by my country "), Formulate these regulations.
Article 2 Those who refer to the obstacles referred to in these regulations refer to people who cannot read normally due to visual disability and people who cannot read normally due to visual defects, perception disorders, and physical disability.
The barrier -free format version referred to in these regulations refers to the version of the work that uses an alternative method or form that allows readers to perceive and effectively use.
The service agency referred to as an obstacle format in these regulations refers to legal person organizations that provide services such as cultural, education, training, and information to readers in non -profit methods.
The cross -border exchange agency referred to in these provisions is provided to other similar institutions or obstacles to other parties or people from the contractor of the "Marlacash Treaty", or from the previously described by the same institution to receive a barrier -free format version of the legal person organization.
Article 3 In accordance with Article 12, paragraph 1 (1), paragraph 12 of the Copyright Law, may make the published works into a barrier -free format version and provide it with obstacles and provide them with obstacles to the obstacles. , But we should comply with the following requirements:
(1) Indicate the author's name or name, the name of the work;
(2) Use works with legal sources;
(3) Respect the integrity of the work, except for those who read the disorders to perceive and effectively use the required modifications, shall not perform other modifications;
(4) In the name of the work name, it is marked in an appropriate and significant way to marked "dedicated to the obstacles";
(5) Only provided to those who can provide relevant certificates or obstacle -free format service agencies through specific channels, and shall not provide or open services to other personnel or organizations;
(6) Adopting effective means such as identity authentication, technical measures, etc. to prevent people or organizations other than those who read obstacles to obtain and spread;
(7) The type of barrier -free format provided to the disabled should only be limited to meeting their reasonable needs;
(8) Do not take profit;
(9) Non -affecting the normal use of the work or unreasonably damage the legitimate rights and interests of the copyright owner in other ways.
Article 4 The production of works that cannot be obtained through normal channels and providing barrier -free format versions, according to Article 50, paragraph 2 (1) of the Copyright Law, can avoid technical measures, but shall not provide others with technical measures to avoid technical measures to avoid technical measures. Technology, devices or components shall not infringe other rights enjoyed by the right holder in accordance with the law.
Article 5 The production, provision, and cross -border exchange format version shall inform the copyright owner in an appropriate manner, and will be complete and accurately record the author's name or name, the name of the work, the method and quantity of the production, the number and quantity of the provision, etc. Relevant copyright owners and relevant state competent authorities are inspected. Related records are kept for at least 3 years.
When recording and providing relevant information, the relevant provisions of the "Personal Information Protection Law of the People's Republic of China" shall be abide by the relevant provisions of the People's Republic of China to protect the personal information of those who read disabled obstacles.
Article 6 The production and provision of barrier -free formats shall comply with the state's management regulations and standards for the state's management of publication, movies, radio and television, online audiovisual and other industries.
Cross -border exchange -free format editions shall comply with relevant regulations such as import and export management of related industries.
Article 7 Encourage publishing, movies, radio and television, online audiovisual and other institutions to produce and provide barrier -free formats for their copyright works.
Encourage the production of barrier -free formats through barrier -free format service agencies and provide disabilities or other barrier -free format service agencies.
Encourage the cross -border exchanges of the barrier -free format to exchanged barrier -free formats with other similar institutions of the "Marlacash Treaty" parties.
Article 8 The Cabin -free format version of the service agency shall meet the following conditions:
(1) Personnel, funds and technologies that are compatible with the production and provision of an obstacle -free format, including those other than those who prevent people other than obstacles or organizations obtain and disseminate the barrier -free format version;
(2) Formulate rules and regulations stipulated in Article 3 to 6 of these regulations and strictly abide by, including the rules that can effectively confirm the identity of the identity of those who read disabilities and barrier -free formats;
(3) Those who engage in administrative licenses need to obtain administrative licenses must obtain relevant qualifications and qualifications by the relevant authorities.
Article 9 The cross -border exchange agency of the barrier -free format shall meet the following conditions:
(1) Conditions that comply with Article 8 of these regulations;
(2) Personnel, funds and technologies that are compatible with cross -border exchanges barrier -free formats, including technologies that ensure the provision and reception of a safe -free cross -border cross -border version of the barrier -free format;
(3) Take reasonable measures to confirm the status of similar institutions or obstacles of the contractor or obstacles of the contractor of the "Marrakasha";
(4) Establish a cross -border exchange content compliance mechanism for barrier -free format;
(5) Those who are engaged in imports and exports such as exports and exports have corresponding qualifications.
Article 10 The obstacle -free format service agency (including cross -border exchange agencies) shall implement notification filing, and relevant institutions shall record with the Copyright Administration in accordance with the recipient agency (including cross -border exchange agencies) for the barrier -free format service agency (including cross -border exchange agencies). The relevant information of the barrier -free format version of the cross -border exchange agency is provided by the State Copyright Administration to the World Intellectual Property Organization or relevant institutions to promote the cross -border exchange of the barrier -free format version.
Article 11 The competent authorities at all levels and relevant departments shall support the service agencies (including cross -border exchange agencies) of the barrier -free format service agency (including cross -border switching agencies), and will support their support in terms of business guidance, publicity and promotion, resource docking, and funding coordination.
Article 12 The format version of production, provision, and cross -border exchange is violated in violation of these regulations and affects the normal use of the work or unreasonably damage the legitimate rights and interests of the copyright owner. Civil liability stipulated in the article; at the same time, if the public interest is harmful, the copyright authority shall investigate administrative responsibilities according to law; if a crime is constituted, criminal liability shall be investigated in accordance with the law.
If the relevant regulations such as production, providing, and cross -border exchanges are violated with relevant industry management regulations, standards or import and export management, etc., the relevant departments shall be handled in accordance with laws and regulations.
Article 13 For the production, provision, and cross -border exchange format version of the violation of these regulations, the infringer, stakeholder or other insiders can complain and report to the copyright authority or other relevant departments.
Article 14 Publishing textbooks for the implementation of compulsory education and national education planning will make the published works into a barrier -free format version and provided to those who read obstacles. The situation stipulated in the item is applicable to these regulations.
Article 15 The production, provision, and cross -border exchange format version involves books, newspapers and publication, as well as the rights related to copyrights such as performances, recording and video stations, TV stations, and TV stations.
Article 16 These regulations shall be explained by the State Copyright Administration.
Article 17 These regulations shall be implemented from the date of issuance.
Cabin -free format service agency (including cross -border exchange agencies) filing guidelines
Click "Reading Full Text" to see the notice of the National Copyright Administration's "Provisional Provisions of Providing Works to Readers in a Narcrustic Action"
Source: National Copyright
Edit: Pan Wenchang
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