Implementation of the Marrakesh Treaty for Visually Impaired Persons into the Chinese Copyright Law

서지정보

· 발행기관 : 이준국제법연구원
· 수록지 정보 : China and WTO Review / 3권 / 1호
· 저자명 : Jerry Jie Hua

목차

I. Introduction
II. Inadequate Access for Visually Impaired Persons to Copyright Works
A. Emergence of Technological Protection Measures and Anti-Circumvention Rules
B. Market Failure of Works in Accessible Format for Visually Impaired Persons
C. Inadequate Copyright Exceptions for VIPs
D. Overriding Contracts
III. The Marrakesh Treaty for VIPs
A. Beneficiaries of Accessible Format Works
B. Authorized Entity
C. Works under Exceptions
D. Permitted Domestic Activities under Exceptions
E. Export and Import of Accessible Format Copies
F. Circumvention of Technological Protection Measures
IV. Implementation of the Marrakesh Treaty in China
A. Chinese Practice
B. Beneficiary Persons and Accessible Format Copy
C. Authorized Entity
D. Works under Copyright Exceptions
E. Permitted Activities under Copyright Exceptions
F. Export and Import of Accessible Format Works
G. Circumvention of Technological Measures
V. Conclusion
References

영어초록

On June 27, 2013, the World Intellectual Property Organization adopted the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled in its efforts to resolve the global book famine of visually impaired persons by providing a series of copyright exceptions that facilitate access of the visually impaired to copyright works. As a member country of the WIPO, China signed but has not ratified the Marrakesh Treaty. However, it is important that China implement the treaty provisions into its copyright law before submitting ratification to the WIPO. Chinese lawmakers are thus advised to incorporate provisions of the Marrakesh Treaty into the national copyright legislations. This article analyzes the reasons for the global book famine of the visually impaired, examines the key provisions in the Marrakesh Treaty, and provides recommendations to incorporate the provisions of the Marrakesh Treaty into the Chinese copyright laws and regulations.

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