Study On The Restriction Of Copyright Of Visually Impaired Persons Using Works

At present,only a few works are published in accessible format,and the number of accessible format editions is far from meeting the needs of the visually impaired.In order to protect the basic rights of visually impaired people to use their works,it is necessary to increase the number of accessible format editions and improve the circulation and dissemination of such works.The Marrakech Treaty(hereinafter referred to as the Treaty),concluded on June 28,2013,as the first international treaty in the world with the content of copyright restriction on the use of works by visually impaired persons,stipulates the scope of beneficiaries of copyright restriction,the scope of applicable works,the exclusive rights for copyright,and authorized entities for the production and provision of accessible format editions for visually impaired persons.It also stipulates minimum obligations for each State Party in respect of some elements.The Treaty requires the parties to take measures to ensure its application.In order to accede to or implement the treaty,Britain,Thailand,Australia and Japan have amended their copyright laws.As a signatory of the Treaty,China urgently needs to revise and improve the Copyright Law and other relevant laws and regulations for the ratification of the Treaty in order to ensure compliance with the requirements of the Treaty.In this paper,the study of copyright restriction of visually impaired persons using works mainly includes the following seven parts:Chapter 1 Basic concepts: An overview of the limitation of copyright on the use of works by visually impaired persons.The restriction of copyright of visually impaired persons using works,mainly involves the selection and application of copyright restriction modes,the specific content of copyright restriction,and the effective operation of authorized entities that make and provide accessible format editions for visually impaired persons.It is necessary to distinguish the individual use behavior of the visually impaired from the production and provision behavior of the authorized entity.Different ways of behavior will affect the way and content of copyright restriction.The essential problem of copyright restriction for visually impaired people is the demand for new balancing mechanism due to the particularity of their physiological conditions,and the demand for work transformation mechanism due to the particularity of their readers.Chapter ? The Marrakech Treaty: The evolution of the Restriction of Copyright on the Use of Works by Visually Impaired Persons.Intra-national solution is the initial scheme of copyright restriction for visually impaired persons.Although this scheme meets the needs of visually impaired persons in various countries to a certain extent,it has great limitations in the cross-border sharing of accessible format editions and the equal protection of visually impaired persons.In turn,the international community began to choose a solution to globalization and made tremendous efforts to this end,and finally successfully concluded the Treaty.The Treaty not only stipulates some minimum obligations for States parties,but also maintains some flexibility.Countries are beginning to face obligations and pressures to implement the Treaty.Chapter ? Multidimensional investigation: The legitimacy of the copyright restriction of works by visually impaired persons.The use of copyright restrictions on works by visually impaired people will affect the interests of copyright owners and the existing balance.The right of the visually impaired to acquire knowledge through their works is the basis for the realization of their human rights.The restriction of copyright of the works by the visually impaired is justified from the perspective of human rights.The right of the visually impaired to acquire knowledge through works reflects the fair and just value of law,and the limitation of copyright of the visually impaired is justified from the perspective of fairness and justice.Because of the particularity of the physiological conditions of the visually impaired,the failure of the distribution of rights and obligations and the lack of accessible knowledge and information,we need to rebalance the interests of the visually impaired.It is justified for the visually impaired to use the copyright restriction of their works from the perspective of interest balance.Chapter ? Fair Use: Restrictions on the Copyright of Visually Impaired Persons to Use Works.Limited use and no harm to the interests of copyright owners are the basic conditions for the rational use of copyright works by visually impaired persons.Under the free use mode,the type of works that the visually impaired are entitled to is limited.Limited use can not meet the requirements of comprehensiveness and scale of production of accessible format edition,while the uncontrollability of digital accessible format edition is facing the plight of protecting the economic interests of copyright owners.The rational use of works by visually impaired persons is applicable to the individual use behavior of visually impaired persons and the production and provision of Braille editions without the risk of proliferation.The former is limited by the rules of fair use,and there are no restrictions on the types and exclusive rights of exceptional works.The latter mainly aims at Braille publishing with the exception of copyright and distribution right.Chapter ? Statuary License: Restrictions on the Copyright of Visually Impaired Persons to Use Works.The balance of benefit distribution,the comprehensiveness of the scope of application and the efficiency of operation results are the basic conditions for the legal license of works for the visually impaired.Payment is conducive to the full use of works by visually impaired people and the protection of the interests of copyright owners in the digital environment.The weakening of licensing right is conducive to the mass authorization of the production of digital accessible format,while the weakening of pricing right is conducive to the welfare of the production of accessible format.The legal license for the use of works by visually impaired persons shall be paid by the authorized entity to the obligee or his representative at a lower price,and the copyright owner shall not be excluded from the application.The legal license of works by visually impaired persons applies to the production and provision of non-Braille accessible format editions of authorized entities.The scope of works and types of rights applicable to authorized entity's copyright restrictions on accessible format editions should be open.Chapter ? Authorized Entities: The Realization of Visually Impaired Persons Using Works.Beneficiaries should include blind people,people with visual impairment that cannot be improved,and people with physical disabilities who cannot hold or turn books for normal reading.Authorized entities shall register and carry out activities in accordance with the law.Authorized entities are not limited to non-profit organizations.Authorized entities have the right to make accessible format editions,to provide and obtain accessible format editions from another authorized entity,to provide accessible format editions to beneficiaries in any way,to circumvent technical protection measures,and to exchange and import across borders.The authorized entity has the obligation to guarantee the exclusive use of beneficiaries,to prohibit for-profit market transactions,to declare rights,to take technical protection measures,and to notify,preserve,record and keep confidential.Chapter ? Institutional Arrangements: The design of copyright restriction for visually impaired persons in China.China should implement the minimum obligation of the Marrakech Treaty,flexibly implement some provisions,and take the revision of the Copyright Law as an opportunity to improve the copyright restriction of visual impaired people in China.The rational use of copyright works by visually impaired persons in China is applicable to the individual use of visually impaired persons and the production and provision of Braille editions without proliferation risk.The statutory license is applicable to the production and provision of non-Braille accessible format editions by authorized entities.The scope of works and types of rights applicable to authorized entity's copyright restrictions on accessible format editions should be open(Except for the right of adaptation and the right of restraint).China should formulate a separate law while making general provisions in the Copyright Law.In addition to specific amendment suggestions,we also drafted the draft and explanation of relevant laws and regulations of authorized entities in China.