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1) Using published works of others for personal study, research or appreciation;
3) Inevitably reproducing or quoting published works in newspapers, periodicals, radio stations, television stations, etc., for the purpose of reporting current affairs;
4) Newspapers, periodicals, radio stations, television stations, etc., or other newspapers, periodicals, radio stations, television stations, etc., that have already published articles on current affairs on political, economic, or religious issues, except where the author declares that they are not allowed to be published;
6) Translate or reproduce in small quantities already published works for the purpose of classroom teaching or scientific research in schools, for use by teaching or scientific research personnel, but must not publish or distribute them;
7) The use of published works by state organs within a reasonable scope for the performance of official duties;
8) Libraries, archives, memorial halls, museums, art galleries, etc., reproduce works in the collection of the library for the purpose of displaying or preserving editions; (9) performing a published work free of charge, without charging fees to the public and not paying remuneration to the performers;
10) Copying, painting, photography, or videotaping works of art set up or displayed in outdoor public places;
11) Translate works created in the Chinese language that have been published by Chinese citizens, legal persons, or other organizations into works in minority languages for publication and distribution in China;
12) Convert published works into Braille. The provisions of the preceding paragraph apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations, and television stations. Article 23: Textbooks compiled and published for the purpose of implementing nine-year compulsory education and the national education plan may, without the permission of the copyright owner, compile fragments of published works or short literary works, ** works, or single works of art or photographic works in the textbooks, except where the author has previously stated that they are not allowed to use them, provided that remuneration shall be paid in accordance with provisions, indicating the name of the author and the title of the work, and must not infringe on other rights enjoyed by the copyright owner in accordance with this Law.
The provisions of the preceding paragraph apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations, and television stations.
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Copyright restrictions are:
1) Using published works of others for personal study, research or appreciation;
3) Citing published works in newspapers, periodicals, radio broadcasts, telecommunications programs, or news documentaries for the purpose of reporting current affairs;
6) Translate or reproduce in small quantities already published works for the purpose of classroom teaching or scientific research in schools, for use by teaching or scientific research personnel, but must not publish or distribute them;
7) The use of published works by state organs for the performance of official duties;
8) Libraries, archives, memorial halls, museums, art galleries, etc., reproduce works in the collection of the library for the purpose of displaying or preserving editions;
9) Free performances of published works;
10) Copying, painting, photography, or videotaping works of art set up or displayed in outdoor public places;
11) Translate published works in Han Chinese into minority languages for publication and distribution in China;
12) Convert published works into Braille.
Generally speaking, others can only exercise their copyrights with the permission of the copyright owner, but the copyright laws of various countries generally impose certain restrictions on the rights enjoyed by the copyright owner and the exercise of the rights. This restriction is mainly reflected in the fair use of copyright and statutory permissions.
Fair use, emphasizing that the Copyright Law directly stipulates that others can use copyrighted works without the permission of the copyright owner, and there is no need to pay remuneration, but the name of the author and the title of the work shall be indicated, and other rights enjoyed by the copyright owner shall not be infringed.
Statutory Permission of Copyright:
Statutory permission, emphasizing that in direct accordance with the provisions of the Copyright Law, the actor can use the copyright of the copyright owner without the consent of the copyright owner, but should still pay remuneration to the copyright owner and respect his rights.
Fair use and statutory permission, in contrast, focus on the public interest, and the use of other people's works does not require permission from the copyright owner. But there is a difference between the two:
1. There is no restriction on the scope of fair use, and the statutory license is often aimed at the producer of sound recordings, radio stations, television stations, newspapers and periodicals;
2. Fair use does not require remuneration to be paid to the copyright owner, while the statutory excitation license is required to pay remuneration to the copyright owner;
3. In the statutory license, if the copyright owner declares that it is not allowed, it shall not be used, but fair use is not subject to this restriction.
Legal basis: Article 24 of the Copyright Law of the People's Republic of China.
The use of a work in the following circumstances may be done without the permission of the copyright owner and without payment of remuneration, provided that the name or title of the author and the title of the work shall be indicated, and shall not affect the normal use of the work, and shall not reasonably harm the legitimate rights and interests of the copyright owner:
1) Using published works of others for personal study, research or appreciation;
3) In order to report news, it is inevitable to reproduce or quote published works in newspapers, periodicals, radio stations, television stations, etc.
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There are three types of copyright restrictions:
The first is the restriction on the scope of the exercise of rights; the second is the limitation of the period of exercise of copyright; The third is the geographical restriction of copyright.
Restrictions on the scope of the exercise of rights mainly include fair use and licensing. The so-called copyright restriction is stipulated in a relevant law, which stimulates the full rights enjoyed by the copyright owner for certain works, and at the same time, it is also necessary to fulfill some obligations to the society in terms of the use of the work.
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The restrictions on copyright are as follows:
1. The fair use system of copyright, the fair use system of copyright refers to the system where, under certain conditions, the law allows others to freely use and enjoy the copyright of the work, without the consent of the copyright owner and the payment of remuneration to the copyright owner.
2. Statutory Permitted UseStatutory permission refers to the system whereby the user may use the published works of others without the permission of the copyright owner in accordance with the provisions of the Copyright Law, but shall pay remuneration to the copyright owner and respect other rights of the copyright owner.
3. Compulsory license refers to a licensing method in which the patent administration department directly allows other units or individuals to implement their creations without the consent of the patentee in accordance with the provisions of the Patent Law, also known as involuntary licensing.
Article 16 of the Copyright Law, which uses adaptation, translation, annotations, and compilation, and works produced from existing works for publication, performance, and production of audio and video recordings, shall obtain permission from the copyright owner of the work and the copyright owner of the original work, and pay remuneration.
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Legal Analysis: The restrictions on copyright are as follows: (1) Fair Use System of CopyrightThe fair use system of copyright refers to the system in which the law allows others to freely use the copyrighted work without the consent of the copyright owner or the remuneration to the copyright owner under certain regulations.
2) The legal license refers to the system whereby the copyright law allows users to use the published works of others without the permission of the copyright owner, but shall pay remuneration to them, and respect the other rights of the copyright owner. (3) Compulsory license refers to a licensing method in which the patent administration department directly allows other units or individuals to implement their inventions and creations without the consent of the patentee in accordance with the provisions of the Patent Law, also known as involuntary licensing.
Legal basis: Copyright Law of the People's Republic of China Article 16: The use of works resulting from the adaptation, translation, annotation, arrangement, or compilation of existing works for publication, performance, and production of audio or video recordings shall obtain permission from the copyright owner of the work and the copyright owner of the original work, and pay remuneration.
Article 22 of the Copyright Law of the People's Republic of China stipulates that the use of a work under the following circumstances may be carried out without the permission of the copyright owner and without payment of remuneration to him, provided that the name of the author and the title of the work shall be indicated, and shall not infringe other rights enjoyed by the copyright owner in accordance with this Law: >>>More
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