The National Copyright Administration issued provisional provisions to promote the effective implementation of the Copyright Law and the Marrakesh Treaty-Industry News-Shenzhen deep trust patent Agency Co., LTD

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The National Copyright Administration issued provisional provisions to promote the effective implementation of the Copyright Law and the Marrakesh Treaty

Release Time：

2022-08-10

Recently, the National Copyright Administration issued the Interim Provisions on the Accessibility of Works to Persons with reading Disabilities (hereinafter referred to as the Interim Provisions), which regulate the copyright order of the accessibility of works to persons with reading disabilities, in order to further promote the effective implementation of the Copyright Law and the Marrakesh Treaty, and protect the cultural rights and interests of persons with reading disabilities.

In order to ensure that people with reading disabilities can equally participate in cultural life and share the fruits of civilization development, China has revised the relevant provisions of the copyright law and ratified the Marrakesh Treaty. On May 5, 2022, the Marrakesh Treaty entered into force for China. The Interim Provisions are mainly formulated in accordance with the Copyright Law and the Marrakesh Treaty to provide important concepts, rules, subject qualifications and compliance supervision related to the provision of works to dyslexics in barrier-free ways, and to provide specific guidelines for the production and provision of barrier-free formats. It will help to implement the support of the copyright law and the Marrakesh Treaty for the dyslexic, and also help to protect the legitimate rights and interests of the right holders from unreasonable damage.

The Provisional Provisions specify that the reading disabled include persons with visual disabilities and those who cannot read normally due to visual defects, perceptual impairments, physical disabilities and other reasons; Make clear that accessible format means a version of a work in an alternative way or form that can be perceived and effectively used by persons with reading disabilities; Making a published work in accessible format and making it available to people with reading disabilities may be done without the permission of the copyright owner and without payment of remuneration, but relevant requirements shall be complied with.

The "Interim Provisions" stipulate that the production and provision of barrier-free format editions shall comply with the requirements of indicating the name or name of the author and the title of the work, using works from legitimate sources, respecting the integrity of the work, providing only through specific channels to persons with reading disabilities or barrier-free format service institutions that can provide relevant certificates, not for profit, informing the copyright owner and recording relevant matters. In addition, it should also comply with the relevant industry management regulations and standards such as publishing, film, radio and television, and network audio-visual.

The "Interim Provisions" encourage the production and provision of barrier-free format versions through service agencies, and encourage cross-border exchange of barrier-free format versions through cross-border exchange agencies. The scope of the above two types of institutions and the conditions that should be met are stipulated, and they are required to file information with the National Copyright Administration, so that copyright authorities at all levels can guide and support them and strengthen supervision. In addition, it is also clear that if violations of the "Interim Provisions" affect the normal use of works or unreasonably damage the legitimate rights and interests of copyright owners, they should bear corresponding civil, administrative or criminal responsibilities.

The "Provisional Provisions" will come into effect on August 1, 2022, and the guidance for filing of barrier-free format service organizations (including cross-border exchange institutions) will be published on the website of the National Copyright Administration together with the "Provisional Provisions".

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