National Copyright Administration Issues Interim Provisions on Providing Works to Persons with Print Disabilities in Barrier-Free Way

Following the entry into force of Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (the Marrakesh Treaty) in China on 5 May 2022, the National Copyright Administration of the People`s Republic of China ("NCAC") recently issued the Interim Provisions on Providing Works to Persons with Print Disabilities in a Barrier-Free Way ("the Interim Provisions") to advance the effective implementation of the Marrakesh Treaty and the Copyright Law, and to protect the cultural rights of people with print disabilities.

 

Taking effect on 1 August 2022, the Interim Provisions provide essential concepts, beneficiary persons, and compliance rules in connection with works provided to persons with print disabilities in a barrier-free way and give specific guidance for distributing and making available the accessible format copies. "Persons with print disabilities" in the Interim Provisions refer to persons with visual disabilities and those who cannot read normally due to visual defects, perceptual impairments, physical disabilities and other reasons.

 

The Interim Provisions, among others, specify that it is possible to make published works into accessible format versions and provide them to persons with print disabilities without the permission of the copyright owner and without payment to the copyright owner, subject to the observance of relevant requirements, and also state that those who violate the Interim Provisions resulting in the normal use of works being affected or legal interests of the copyright-holder unreasonably prejudiced shall assume corresponding civil, administrative or criminal liabilities.