The relevant person in charge of the State Copyright Administration answered the reporter's question on "Provisional Provisions to Readers in a Cabainer" -share cultural life with more disabilities

Recently, the State Copyright Administration issued the "Provisional Provisions of the Works to Readers in a disabled manner" (hereinafter referred to as the "Interim Provisions"). A few days ago, the relevant person in charge of the State Copyright Office answered questions from reporters on the relevant situation of the "Interim Regulations".

Question: Please introduce the background of the "Interim Provisions".

Answer: "Regarding the Malacahak Treaty, which provides convenience for blind people, visual disabilities, or other printed disabilities, and provides convenient Malacaham (hereinafter referred to as the" Malacaham Treaty "), it took effect on China on May 5, 2022. The treaty requires that the contracting party stipulates the restrictions and exceptions of copyrights to ensure that the right to appreciate the works and accept education on equal obstacles is the only human rights treaty in the world so far in the world. The State Copyright Administration has formulated the "Interim Provisions" in accordance with the Copyright Law and the Malaca Treaty, and is publicly released as a standardized document. The "Interim Provisions" will specify the copyright order of the work in a barrier -free manner within a certain period of time, and accumulate more practical experience at the same time, and implement the support of the Copyright Law and the Malaca Treaty. Essence

Question: What are the main contents of "Interim Provisions"?

Answer: There are 4 aspects of the main content of the "Interim Provisions".

The first is to define important concepts. Maintain the "beneficiary" scope of the "Reading Dorisher" in the Copyright Law and the "beneficiary" in the "Malaca Treaty" to achieve the "production, providing obstacle -free format in the Treaty" in the Copyright Law and the "providing work" and the treaty in the treaty. "Edition" orderly connection, use the "obstacle -free format service agency", "barrier -free format version of cross -border exchange institutions", "authorized entities" produced, provided, and cross -border exchange -free formats are produced in the treaty.

The second is to clarify the requirements of the rules. According to the relevant provisions of the Copyright Law and provide a barrier -free format version, it shall abide by the name or name of the author's name or name, and the name of the work, and respect the integrity of the work. The obstacle format version of the service agency is provided, and the requirements of the purpose of profit will not affect the normal use of the work and avoid unreasonable damage to the legitimate rights and interests of the copyright owner. In addition, it is also clearly stipulated that the management and standards and standards of related industries such as publishing, movies, radio and television, online audiovisuals.

The third is to specify the subject qualification. The obstacle -free format version of the service agency and the barrier -free format version of the cross -border exchange agency shall have personnel, funds and technologies that are compatible with the production, providing, and cross -border exchanges business of barrier -free formats, and formulate rules that meet the requirements of the "Interim Regulations" related requirements. The system and strictly abide by and engage in activities that need to obtain administrative licenses such as publishing, movies, radio and television, online audiovisual, import and export, etc. shall have corresponding qualifications.

The fourth is to strengthen supervision and management. Casino -free format service agencies and barrier -free format versions of cross -border exchange agencies shall be notified to the National Copyright Administration. Copyright authorities at all levels and relevant departments will give them in terms of business guidance, publicity and promotion, resource docking, and funding coordination. support. Clarifying the normal use of the "Interim Provisions" that affects the normal use or unreasonable damage to the legal rights and interests of the copyright owner shall bear the corresponding civil, administrative or criminal responsibilities. The public can complain about violations of the "Interim Regulations".

Question: Which groups of people with disabilities include?

Answer: According to the "Interim Provisions", those who read obstacles include people with vision disabled and those who cannot read normally due to visual defects, perception disorders, and physical disability. According to the "Practical Evaluation Standard in China", people with vision disabled include blind and low vision; those who cannot read normally due to visual defects, perception disorders, and physical disability, refer to the "Marlakesh Treaty", mainly refers Effective processing visual information, hands can not be effectively held or flipped by hands, eyes cannot be effectively focused or moved, and those who read normally as normally without such defects or those who have no such obstacles. The definition of obstacles is a simplified expression defined by the beneficiaries of the Marlakesh Treaty, but the scope of the crowd cover is consistent with the beneficiaries of the Marlacash Treaty.

Q: What is a barrier -free format version?

Answer: According to the "Interim Provisions", the barrier -free format version refers to the version of the work that uses an alternative method or form that allows readers to perceive and effectively use. Explanation. When some works are presented in a normal way or form, those who read disabilities cannot be perceived or they can be perceived but cannot be effectively used. Only by using an alternative method or form to make the work into other versions can they meet the needs of the obstacles. Cabin -free format version.

It should be emphasized that the barrier -free format version is a relative concept. The barrier -free format version is for those who read obstacles, because only the version of the work can meet their needs. People other than those who have barrier -free formats such as large characters and audio version can also be perceived and effective In terms of people, it is not a barrier -free format. Therefore, without the permission of the copyright owner, the barrier -free format version is provided to people other than those who read obstacles or the type of non -obstacle format provided to the disabled. Reasonable use stipulated in paragraph 12.

Question: What institutions do cross -border exchange agencies of barrier -free format version of service agencies and barrier -free format versions?

Answer: The "Interim Provisions" encourages the production of the barrier -free format service agency and providing an obstacle -free format version, and encourages cross -border exchanges through the barrier -free format version of cross -border exchange. The "barrier -free format service agency" and "barrier -free format version of cross -border exchange institutions" correspond to the "authorized entity" in the "Malacak Treaty". According to the "Interim Regulations", the former refers to Legal organizations that provide services such as culture, education, training, and information. Common institutional types include publishing houses, libraries, schools, training centers, information centers, etc. The latter refers to the similar institutions of other parties of the "Marlacash Treaty" parties. Either person with obstacles, or from the aforementioned institution to receive a barrier -free format version of the legal person organization. The "Interim Provisions" also lists the conditions that the barrier -free format service agency and the barrier -free format version of the cross -border exchange agency should meet.

Question: What should be paid attention to when making and providing a barrier -free format version?

Answer: It is made into a barrier -free format version of the published works and provided to those who read obstacles. They can be permitted by the copyright owner and pay for it. This is a reasonable use stipulated in the copyright law. The performance of the side interests. However, reasonable use also has certain conditions, that is, it must not affect the normal use of the work, and it has to reasonably damage the legitimate rights and interests of the copyright owner.

In addition, the "Interim Provisions" clearly tells the obligation of the production and provision of the barrier -free format version in a proper way to inform the copyright owner and record the obligations of the barrier -free format, so that the copyright owner and the relevant state authorities will be supervised. In view of the barrier -free format version of the work is likely to be publication, movies, radio and television programs, and online audiovisual programs, the "Interim Provisions" also requires the production of barrier -free format editions and provides providing relevant industry regulations and standards.

Source: "People's Daily" (Edition 11, August 15, 2022)

Edit: Bobenin

- END -