Although there is no copyright barrier to providing accessible films (including production and dissemination) to people with reading disabilities, even if the production and dissemination of accessible films are non-profit, the copyright risk still exists to a certain extent. Recently, the broadcast of an accessible film "I am not Pan Jinlian" on the online platform was recognized as a judgment of copyright infringement, which once again aroused the public's concern about the accessibility film and its copyright risks. As the first barrier free film copyright dispute case in China, this case reflects the conflict and reconciliation between copyright and human rights, the balance and coordination between private rights protection and public interests, and reflects the improvement and progress of the new law compared with the old law, which is of great milestone significance. Barrier free films are those films that are formed by adding narration, sign language translation or subtitles to the film screen for the visually impaired or the hearing impaired. The production process involves copying and adapting the film works, providing online on-demand services involves information network communication, while cinema broadcasting involves screening, which are all copyright rights, The permission of the copyright owner of the film works shall be obtained in advance. If the permission is not obtained, the copyright infringement will be constituted unless it constitutes fair use. The acts involved in this case occurred during the period when the old Law of the Copyright Law (revised in 2010) came into force. According to the provisions of the then Copyright Law, for the visually impaired, only the situation of "changing the published written works into Braille for publication" could meet the requirements for reasonable use. Since barrier free films were not written works, there was basically no room for application at that time. It is worth mentioning that China has acceded to the Marrakech Treaty and become one of the initial contracting parties. The treaty requires all contracting parties to stipulate copyright restrictions and exceptions to ensure the equal rights of people with reading disabilities to enjoy works and receive education. Therefore, it is considered as "the only human rights treaty in the field of copyright in the world so far". On May 5 this year, the Marrakech Treaty officially entered into force for China. In order to fulfill the treaty obligations, in the Copyright Law, which completed the third amendment in 2020, the fair use situation for the visually impaired has been revised to "provide published works to the visually impaired in an accessible way that they can perceive", which means that the production and dissemination of barrier free films for the visually impaired can now be covered by the fair use system. In order to make this abstract article come into effect, the National Copyright Administration issued the Interim Provisions on Accessible Forms of Works for People with Reading Disabilities on August 1, making specific provisions on the production, provision and cross-border exchange of accessible formats by accessible format service institutions and accessible format cross-border exchange institutions, and on the equal participation of people with reading disabilities in social life Sharing the achievements of cultural development is of great practical significance. For film works, on the one hand, the shooting of a film often requires the intellectual input and large amount of capital input of many creators. Therefore, its copyright must be fully protected to ensure the creation and investment condensed in the works, and to stimulate the output of more high-quality films. If piracy and bootlegging are rampant, and the interests of film rights holders have no return, health will not be nurtured
Edit：sishi Responsible editor：xingyong
Source：http://rmfyb.chinacourt.org/paper/html/
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