| “Strictly speaking,blind people have been using the world instead of understanding the world.The problem is that beauty is not useful,it needs to be understood.”Bi Feiyu,a famous contemporary writer in China,focuses on the living conditions of the blind in his novel“Tuina”.This is how the blind people’s helplessness is described.This helplessness stems from the need for cognition of a diverse world,and it also arises from the inability to touch the purest spiritual food.Not only blind people,tens of millions of visually impaired people around the world are facing the strong impact brought by the data age.Being born as a human being,equal access to cultural education and artistic influence are the basic rights of individuals,even though the fair use system in the copyright laws of various countries has imposed varying degrees of restrictions on the rights of the visually impaired in the process of reading works,in order to promote the cause of human rights and the spread of benefits of public cultural knowledge.How to properly handle the relationship between the copyright owner and the user of the work in the process of reading works by the visually impaired under the principle of balancing interests has always been an important issue in the intellectual property system of various countries,which has also contributed to the only international treaty in this field —— The Marrakesh Treaty.Taking advantage of the opportunity of the treaty’s official entry into force in China on May 5,2022,whether the fair use system can be effectively implemented in the use of works by visually impaired groups in my country depends on the specific interpretation of the treaty and the exploration of domestic application issues.Chapter 1 starts with the ways and characteristics of visually impaired people’s reading works.Through the introduction of the fair use system in copyright law,it explains the legitimacy of applying the fair use system in the field of visually impaired persons,and discusses the basic conditions and basic conditions for application.The specific situation is introduced.In the field of the fair use of reading works for the visually impaired,the vision has been expanded from the scattered and disorderly predicament before the conclusion of the Marrakesh Treaty to this global solution,and the overall introduction of the Marrakesh Treaty.The background and significance of the conclusion are focused on the conflicts between copyright and human rights that exist on a global scale.From the perspective of our country,as a treaty party,our country has finally completed the qualitative leap of ratification of the treaty after many domestic copyright-related system adjustments.The significance of promoting the rights of the visually impaired in China is also one of the focuses of this chapter.Chapter 2 mainly discusses the prerequisites of the rational use of works by the visually impaired,namely the scope of the work and the subject of action.The Marrakesh Treaty stipulates the two major elements mainly in Article 2.1 and Article2.3.The limitation of the scope of works in the treaty and the openness of the norms of actors are the prerequisites for studying the application of the treaty in various countries.The implementation of these two elements in various countries is embodied in whether they are implemented through domestic legislation.The number of ratifications of treaties by contracting states has shown an increasing trend year by year,and countries have also shown selective application for their domestic application after ratification.The listing and analysis of the specific performance of each country is of reference value for our country.Chapter 3 deals with the exception in the process of fair use by the visually impaired when reading the work,that is,the establishment of clauses restricting the fair use by the visually impaired in the copyright licensing contract.First,based on the understanding of the emergence and development of copyright agreements,the common “restriction of fair use” clauses in the process of using works by the visually impaired are displayed in the form of tables.Analyze the reasons for this special situation,and propose that the lack of norms of this special situation in the treaty can be attributed to the mismatch between the private law nature of the copyright agreement and the public law nature of the treaty.It is pointed out that this type of format clause will constitute barrier-free Potential obstacles to cross-border exchange of formats.Secondly,compare the modes of dealing with this special situation in various countries,and introduce the legislation and application status of representative countries in the two modes of fair use priority and copyright agreement priority,in order to provide reference for our country to solve this problem.Chapter 4 proposes suggestions on how to properly handle the fair use of reading works for the visually impaired after my country has ratified the Marrakesh Treaty.On the one hand,the scope of works needs to be expanded,with the aid of specific infringement cases for necessity analysis,and proposed to fill in the gaps in the system of reasonable use of “accessible film and television works” in my country.Regulations on actors should be detailed,clarify the scope of authorized entities,and improve the operating mechanism of authorized entities’ rights and obligations.On the other hand,in dealing with the issue of copyright agreements restricting the fair use of works by the visually impaired,the principle of public interest priority shall be adopted as the normative guidance,and the balancing of interests shall be fully utilized.In the judicial application of the limited autonomy of will theory,it is necessary to fully consider the current domestic and foreign application of theories,and propose a trilogy of compulsory provisions to exclude the application of “restrictions on reasonable use”clauses. |
