Research On Copyright Limitations Based On The Interest Of Visually Impaired

The Marrakesh Treaty is the first international human rights treaty in the field of copyright for the benefit of the visually impaired.The common law guarantees the interests of the visually impaired as a basis for the balance of interests,fairness and justice and the priority protection of human rights.However,the special significance of restricting the copyright for the visually impaired is that it gives the visually impaired people more preferential treatment so that the visually impaired can There are more opportunities to participate in social and cultural life.Compared with the "Marrakesh Treaty," China's copyright law still has a large gap,manifested in the narrow range of beneficiaries,the lack of accessibility format version of a single,barrier-free format,such as lack of resources.China is the country with the largest number of visually impaired people in the world.Visually impaired people are faced with serious “book shortages” and their education,research,and access to information rights are not guaranteed.Therefore,at the time of the third revision of the Copyright Law,adjustments were made to relevant legislation.The legal nature of the provision and accessibility of accessible format works is the two core issues of copyright restriction research.First of all,the definition of accessible format works is the foundation,and its scope should include literary and artistic works in the form of “Braille,” “big-word,” “audio books,” and the addition of limitations and exceptions for audiovisual works.Second,the act of providing and obtaining works in accessible formats is exempted.As the number and quality of currently available accessible format works are insufficient to meet the urgent needs of visually impaired people,it is recommended that commercial institutions be introduced as providers.Copyright law should define the scope of visually impaired persons,authorized entities,commercial institutions and their rules of conduct.This article believes that the visually impaired providing their own works and authorizing the entity to provide the work should be used in a reasonable manner.The commercial organization providing "braille" should apply reasonable use.The "big character version" should apply a statutory license,and the provision of "audio books" should be applied.Licensing;at the same time,the government should give more financial support to barrier-free work providers.In order to link up with the Marrakesh Treaty and combine with the social and cultural life of the visually impaired in China,the third revision of China's Copyright Law should expand the scope of beneficiaries from the blind to the visually impaired and increase the format of the accessible format.Clarifies the legal status and scope of providers of accessibility formats,and increases restrictions and exceptions for adaptation rights,performance rights,broadcasting rights and neighboring rights,allowing visually impaired persons to circumvent technological measures and establish cross-border exchange rules for works in order to safeguard The disabled have equal opportunities,accessibility,full and effective participation and integration into society.