Notice of the National Copyright Administration on Issuing the Interim Provisions on Providing Works to People with Reading Disabilities in Barrier-Free Ways-Industry News-Shenzhen deep trust patent Agency Co., LTD

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Notice of the National Copyright Administration on Issuing the Interim Provisions on Providing Works to People with Reading Disabilities in Barrier-Free Ways

Release Time：

2022-08-09

The Copyright offices of all provinces, autonomous regions and municipalities directly under the Central Government, relevant ministries and commissions of central and state organs, and relevant competent departments of people's organizations: the Interim Provisions on Providing Works to People with Reading Disabilities in a Barrier-Free Manner are hereby issued to you.

National Edition (2022) No. 1

Copyright bureaus of provinces, autonomous regions and municipalities directly under the Central Government, relevant ministries and commissions of central and state organs, and relevant competent departments of people's organizations:

The Interim Regulations on Providing Works to People with Reading Disabilities in a Barrier-Free Manner are hereby issued to you, please follow them carefully.

National Copyright Administration

August 1, 2022

Interim provisions on accessibility of works to persons with reading disabilities

Article 1 In order to regulate the order of the provision of works to persons with reading disabilities in barrier-free ways, better facilitate the use of works by persons with reading disabilities, and give full play to the role of copyright in promoting equal participation in social life and sharing the fruits of cultural development of persons with reading disabilities, These provisions are formulated in accordance with the Copyright Law of the People's Republic of China (hereinafter referred to as the Copyright Law) and the Marrakesh Treaty on Facilitating Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled (hereinafter referred to as the Marrakesh Treaty) ratified by China.

Article 2 The term "dyslexic persons" as mentioned in these Provisions refers to persons with visual disabilities and persons who are unable to read normally due to visual defects, perceptual impairments, physical disabilities and other reasons.

The term "accessible format edition" as used in these Regulations refers to the version of a work that is perceived and effectively used by people with reading disabilities in an alternative way or form.

The barrier-free service institutions mentioned in these Regulations refer to legal organizations that provide cultural, educational, training, information and other services to people with reading disabilities in a non-profit manner.

For the purposes of these Regulations, the reference to cross-border exchange institutions in accessible formats refers to legal organizations that provide or receive accessible formats from similar institutions or persons with reading disabilities in other Parties to the Marrakesh Treaty.

Article 3 According to the provisions of Article 24 (1) (12) of the Copyright Law, a published work may be made into a barrier-free format and made available to people with reading disabilities without the permission or payment of remuneration to the copyright owner, provided that the following requirements are complied with:

(1) Specify the name or title of the author and the title of the work;

(2) Using works of legitimate origin;

(3) Respect the integrity of the work, except for the necessary changes to enable people with reading disabilities to perceive and effectively use, no other changes shall be made;

(4) In the title of the work in an appropriate and prominent manner marked "for the dyslexic";

(5) Only through specific channels to provide the relevant proof of the dyslexic or accessible format version service agencies, shall not provide or open services to other personnel or organizations;

(6) Take effective means such as identity authentication and technical measures to prevent persons or organizations other than those with reading disabilities from obtaining and disseminating them;

(7)The types of accessible formats available to people with reading disabilities should be limited to meeting their reasonable needs;

(8) Not for profit purposes;

(9) It has not otherwise affected the normal use of the work or unreasonably harmed the legitimate rights and interests of the copyright owner.

Article 4 Where a work that cannot be obtained through normal means is used to produce or provide a barrier-free format version, it may avoid technical measures in accordance with the provisions of paragraph 1 (2) of Article 50 of the Copyright Law, but it may not provide technology, devices or components that avoid technical measures to others, and may not infringe other rights enjoyed by the right holder according to law.

Article 5 In the production, provision and cross-border exchange of barrier-free format version, the copyright owner shall be informed in an appropriate way, and the name or name of the author, the title of the work, the way and quantity of production and provision and the object of provision shall be completely and accurately recorded for the inspection of the relevant copyright owner and the relevant competent authorities of the State. Relevant 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 observed, and the personal information of persons with reading disabilities shall be equally protected.

Article 6 The production and provision of barrier-free version shall comply with the State regulations and standards for the administration of publishing, film, radio and television, Internet audio-visual and other industries.

The cross-border exchange of barrier-free formats shall comply with relevant regulations such as the import and export management of relevant industries.

Article 7 Publishing, film, radio and television, network audiovisual and other institutions are encouraged to simultaneously produce and provide barrier-free version of their copyrighted works.

Encourage the production of accessible formats through accessible format service providers and make them available to persons with reading disabilities or other accessible format service providers.

Encourage the exchange of accessible formats through cross-border exchange institutions with similar institutions in other Parties to the Marrakesh Treaty.

Article 8 Barrier-free format service institutions shall meet the following conditions:

(a) having the personnel, funds and technology appropriate to the production and provision of accessible formats, including technology to prevent persons or organizations other than persons with reading disabilities from obtaining and disseminating accessible formats;

(b) to formulate rules and regulations in accordance with the provisions of Articles 3 to 6 of these provisions and strictly abide by them, including rules and procedures that can effectively confirm the identity of dyslexia and barrier-free format service providers;

(c) To engage in activities requiring administrative permission, it is necessary to obtain the relevant qualifications and qualifications from the relevant competent departments.

Article 9 Cross-border exchange institutions for barrier-free formats shall meet the following conditions:

(1) Meet the conditions specified in Article 8 of these Provisions;

(2) Having the personnel, funds and technology appropriate for the cross-border exchange of accessible formats, including technology to ensure the safe delivery and receipt of accessible formats across borders;

(3) Take reasonable steps to identify similar institutions or persons with reading disabilities in other Parties to the Marrakesh Treaty;

(4) Establish a barrier-free format cross-border exchange content compliance mechanism;

(5) Those engaged in activities requiring administrative licenses such as import and export shall have corresponding qualifications.

Tenth barrier-free format service institutions (including cross-border exchange institutions) to implement the information record, the relevant institutions shall be in accordance with the barrier-free format service institutions (including cross-border exchange institutions) record guidelines to the National Copyright Administration.

The National Copyright Administration shall provide relevant information about the cross-border exchange institutions of barrier-free formats to the World Intellectual Property Organization or relevant institutions to promote the cross-border exchange of barrier-free formats.

Article 11 Copyright authorities at all levels and relevant departments give support to barrier-free format service institutions (including cross-border exchange institutions) in terms of business guidance, publicity and promotion, resource docking, and fund coordination.

Article 12 Those who produce, provide or exchange barrier-free formats across borders in violation of these Provisions, affecting the normal use of the work or unreasonably harming the legitimate rights and interests of the copyright owner shall bear the civil liabilities provided for in Articles 52 and 53 of the Copyright Law; If the public interest is harmed at the same time, the competent copyright department shall investigate the administrative responsibility according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law.

Production, provision, cross-border exchange of barrier-free format version in violation of relevant industry management regulations, standards or import and export management and other relevant provisions, by the relevant departments in accordance with the law to deal with.

Article 13 For violations of these provisions in the production, provision, cross-border exchange of barrier-free format version, the infringed, interested parties or other insiders may file complaints and reports to the copyright authority or other relevant departments.

Article 14 Where textbooks are prepared and published for the implementation of compulsory education and the state education plan, and published works are made into barrier-free formats and provided to people with reading disabilities, these Provisions shall apply to the situations provided in paragraph 12, paragraph 1, of Article 24 of the Copyright Law.

Article 15 Where the production, provision or cross-border exchange of barrier-free version involves the publication of books, newspapers and periodicals, as well as performance, audio and video recording, broadcast by radio stations and television stations, and other copyright-related rights, these Provisions shall apply.

Article 16 The National Copyright Administration shall be responsible for the interpretation of these provisions.

Article 17 These provisions shall come into force as of the date of issuance.

Guidelines for the filing of service organizations (including cross-border exchange organizations) in barrier-free format

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