Better the cultural rights and interests of those who read disabled -the relevant person in charge of the State Copyright Administration answered the reporter to ask the reporter "Provisional Provisions to Readers in the Method of Narrow"

Xinhua News Agency, Beijing, August 10th: Better the cultural rights and interests of those who read disabled -the relevant person in charge of the State Copyright Administration answered the reporter "Provisional Provisions to Readers in a Narcrustice".

Xinhua News Agency reporter Shi Jingnan

In order to further promote the effective implementation of the Copyright Law and the Marlakesh Treaty, and to better protect the cultural rights and interests of those who read obstacles, the State Copyright Administration has recently issued the "Provisional Provisions of Works to Readers in an Unarcourse". Interim stipics answered questions from reporters.

Question: Please introduce the background of the formulation of temporary requirements.

Answer: The Malaca Treaty 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 a temporary provisions in accordance with the Copyright Law and the Marlakesh Treaty and published it as a standardized document. The temporary regulations will be regulated within a certain period of time to provide the copyright order of the obstacles to the obstacles in the form of obstacles, and at the same time accumulate more practical experience, and implement the support of the Copyright Law and the Marlakesh treaty to the obstacles.

Q: What are the main contents of the temporary regulations?

Answer: First, define important concepts. Keep the "obstacle" in the copyright law consistent with the "beneficiary" in the Marrakech treaty, and realize the "production, providing barrier -free format version" in the Copyright Law and the "Edition of Cabinaries" in the Copyright Law and the Treaty Orderly connect, use the "authorized entity" of the "obstacle -free format service agency" and "barrier -free format version of cross -border exchange institutions" in the corresponding 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, the name of the work, use the legal source 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.

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 exchange business of the barrier -free format, and formulate rules and regulations that meet the relevant requirements of the interim regulations and are in accordance with the provisions of the interim regulations. Strictly follow.

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 temporary provisions that affects the work that affects the work or unreasonably damage the legitimate rights and interests of the copyright owner shall bear the corresponding civil, administrative or criminal responsibility. The public can report complaints on violations of temporary regulations.

Question: Which groups of people with disabilities include?

Answer: According to the temporary regulations, those who read disabled include people with visual disability and those who cannot read normally due to visual defects, perception disorders, and physical disability. Persons with visual disability include blind and low vision; those who cannot read normally due to visual defects, perception disorders, and physical disability, mainly refer to the brain because the brain cannot effectively handle visual information, hands can not be effectively held or flipped, and eyes cannot be effectively focused on focusing on Or for people such as moving and other reasons, people who read normally as normally without such defects or obstacles. The definition of obstacles is a simplified expression defined by the beneficiaries of the Marlakesh Treaty, and the scope of the crowd covers is consistent with the beneficiaries of the Marrakash Treaty.

Q: What is a barrier -free format version?

Answer: The barrier -free format version refers to the version of the work that uses an alternative method or form that allows readables to perceive and effectively use. This definition is a simplified expression defined by the Malaca Treaty Cabinet Format. 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. In practice, the common barrier -free format versions include the gray version of the text, the big character version, the audio version, the electronic version, the audio audio version of the audiovisual work, etc.

It should be emphasized that the barrier -free format version is a relative concept, which is for specific types of obstacles. Therefore, without the permission of the copyright owner, the barrier -free format version is provided to those other than the obstacles or the type -free format type provided to the obstacles.

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

Answer: The temporary provisions are encouraged to produce through the barrier -free format service agency and provide barrier -free format versions, and encourage cross -border exchange of cross -border exchange institutions through the barrier -free format. The "barrier -free format service agency" and "barrier -free format version of cross -border exchange institutions" correspond to the "authorized entity" in the Marakash Treaty. According to the temporary provisions, the former refers to providing cultural and education to those who read disabled people in non -profit methods. , Training, information and other services, the common institutional types include publishing houses, libraries, schools, training centers, information centers, etc. The latter refers to the same institutions or obstacles of the other equivalent parties or obstacles to other Marlakash Treaty. Or from the aforementioned similar agency to receive a barrier -free format version of the legal person organization. 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.

[Editor in charge: Zhao Wenhan]

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