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《马拉喀什条约》遵循鲜明的人道主义及社会发展维度,给予盲人、视力障碍者平等的作品获取权。然在条约的缔结过程中,发展中国家与发达国家对于正常渠道的商业可获得性以及不能因商业可获得性唯有通过“三步检验标准”对其预判,仍存在的较大分歧,尽管在条约第四条第四款对其予以了定性。文章认为无障碍格式版的商业可获得性在跨境出版仍具有较大价值,还应考虑对于商业可获得性进行讨论,以期更好地实现作品在视力障碍者之间平等流通,并激励回报著作权人甚至被授权人的双向利益平衡。
The Marrakesh Treaty follows the distinct humanitarian and social dimensions of development and gives equal access to the work of the blind and visually impaired. However, during the process of the conclusion of the treaty, the commercial availability of the normal and developing countries to the normal channels and the fact that their commercial availability can not be judged only through the “three-step test” are still large Disagreements, though they were characterized in Article 4, paragraph 4, of the Treaty. The article concludes that the commercial accessibility of accessible formats is still of great value in cross-border publishing and should also consider discussing commercial availability with a view to achieving an even flow of works between visually-impaired persons and encouraging rewards Copyright owners and even the two-way interests of the donor’s balance.