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If the following conditions are met at the same time, the quotation of others' works does not constitute infringement: 1. Quoting the published works of others and indicating the author and the name of the work for the purpose of introducing or commenting on a work or illustrating a certain issue; 2. The quoted part does not belong to the main part of the cited work; 3. It does not cause damage to the legitimate rights and interests of the copyright owner of the cited work. According to Article 24, Paragraph 2 of the Copyright Law, for the purpose of introducing or commenting on a work or illustrating a certain issue, a work that has already been published by another person may be appropriately quoted in the work without the permission of the copyright owner and without remuneration being paid, provided that the name or title of the author or title 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 lawful rights and interests of the copyright owner.
Article 24 of the Copyright Law of the People's Republic of China Article 24 The use of a work under the following circumstances may be made without the permission of the copyright owner and without payment of remuneration to him, but 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 lawful rights and interests of the copyright owner: (1) Using the published works of others for personal study, research or appreciation; (2) Appropriately quoting the published works of others in the work for the purpose of introducing or commenting on a work or illustrating a certain issue; (3) Inevitably reproducing or quoting published works in newspapers, periodicals, radio stations, television stations, etc., for the purpose of reporting news; (13) Other circumstances provided for by laws and administrative regulations. The provisions of the preceding paragraph apply to restrictions on copyright-related rights.
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Quoting other people's works more than 10% will infringe.
Copyright protects the expression of the author's thoughts, not the ideas. In judicial practice, when hearing copyright infringement cases, the infringing work will first be analyzed to determine whether the infringing work involves the ideological level of the original author or the specific expression of the original author. In terms of distinguishing between ideas and expressions, judicial practice has produced a three-step method of "abstraction-filtering-comparison", that is, firstly, the abstract parts of the works that belong to ideas are extracted, then the parts of the two works that are the same but belong to the public domain are filtered out, and finally the remaining parts of the two works are judged to be substantially similar in combination with the requirements of originality.
1. Personal study, research or appreciation, using the published works of others;
3. News, newspapers, periodicals, radio stations, television stations, etc.
Legal basis. Copyright Law of the People's Republic of China
1) Publishing a work without the permission of the copyright owner;
2) Without the permission of the co-authors, publishing a work created in collaboration with others as a work created by oneself alone;
3) Signing the works of others without participating in the creation of works for the purpose of seeking personal fame and wealth;
4) Distorting or tampering with the works of others;
5. Plagiarizing the works of others;
6) Without the permission of the copyright owner, the work is used by means of exhibiting or filming audiovisual works, or the work is used by means such as adaptation, translation, or annotation, except as otherwise provided by this Law;
7) Failure to pay remuneration for the use of another person's work;
8) Renting out originals or reproductions of audiovisual works, computer software, or audio or video recordings without the permission of the copyright holders, performers, or producers of audiovisual works, computer software, or audio or video recordings, except as otherwise provided in this Law;
9) Without the permission of the publisher, using the layout design of the books or periodicals they publish;
10) Without the performer's permission, live streaming or publicly transmitting their live performance, or recording their performance;
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Anything that is not licensed is an infringement. The object of infringement of copyright infringement is the copyright management system of the state and the copyright and copyright-related rights and interests of others. Copyright infringement refers to the unauthorized implementation of acts controlled by the exclusive rights of the copyright owner without the permission of the copyright owner, except as otherwise provided in the relevant laws of China.
1. What are the acts that need to bear the liability for copyright infringement?
1) Publishing a work without the permission of the copyright owner;
2) Without the permission of the co-author, Oak Wang's published a work created in collaboration with others as a work created by himself;
3) Signing the works of others without participating in the creation of works for the purpose of seeking personal fame and wealth;
4) Distorting or tampering with the works of others;
5) Plagiarizing the works of others;
6) Without the permission of the copyright owner, the work is used in the form of exhibition, filming, or filming, or in methods similar to filming, or the work is used in methods such as adaptation, translation, or annotation, except as otherwise provided by law;
7) Failure to pay remuneration for the use of another person's work;
8) Leasing works or audio or video recordings without the permission of the copyright owner of a film work or a work created by a method similar to that of a film, computer software, or audio or video recording, or the rights holder related to copyright, except as otherwise provided by law;
9) Without the permission of the publisher, using the layout design of the books or periodicals they publish;
10) Without the performer's permission, live streaming or publicly transmitting their live performance, or recording their performance;
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The law allows citizens to appropriately quote published works of others for the purpose of illustrating their own opinions, commenting on a certain work, etc. However, the quotation is required to be objective, accurate, and accurate, and the original meaning of other people's works cannot be arbitrarily tampered with or distorted. The following conditions must be met in order not to constitute infringement:
1. The purpose of quotation is limited to introducing or commenting on a work or illustrating a problem. 2. The quoted part shall not constitute the main part or the substantive part of the cited work. 3. The cited work shall not harm the interests of the copyright owner of the cited work.
According to Article 22 of the Copyright Law, 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 other rights enjoyed by the copyright owner in accordance with this Law shall not be infringed: for the purpose of introducing or commenting on a work or illustrating a problem, appropriately quoting the published works of others in the work.
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Quotation of other people's works will not infringe copyright if the following conditions are met: 1. The purpose of quotation is limited to introducing or commenting on a certain work or illustrating a certain issue. 2. The quoted part shall not constitute the main part or the substantive part of the cited work.
3. The cited work shall not harm the interests of the copyright owner of the cited work. Legal basis: Copyright Law of the People's Republic of China Article 24 The use of a work under the following circumstances may be done without the permission of the copyright owner and without payment of remuneration to him, provided that the name of the author or title and the title of the work 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; (2) Appropriately quoting the published works of others in the work for the purpose of disguising the gods, commenting on a certain work, or explaining a certain issue; (3) For the purpose of reporting news, inevitably reproducing or quoting works that have already been published in newspapers, periodicals, radio stations, television stations, etc.; (4) Newspapers, periodicals, radio stations, television stations, and other media that publish current affairs articles on political, economic, or religious issues that have already been published by other newspapers, periodicals, radio stations, television stations, etc., except where the copyright owner declares that they are not allowed to publish; (5) Newspapers, periodicals, radio stations, television stations, etc., publishing or publishing speeches at public gatherings, except where the author declares that they are not allowed to publish; (6) Translation, adaptation, compilation, or small reproduction of published works for the purpose of classroom teaching or scientific research in schools, for the use of teaching or scientific research personnel, but must not be published or distributed; (7) State organs use published works within a reasonable scope for the performance of official duties; (8) Libraries, archives, memorial halls, museums, art galleries, cultural centers, etc., reproduce works in the collection of the museum for the purpose of displaying or preserving editions; (9) performing a published work free of charge, without charging fees to the public, without paying remuneration to performers, and not for profit; (10) Copying, painting, photographing, or videotaping works of art set up or displayed in public places; (11) Translate works created in the standard spoken and written language of the State that have already been published by Chinese citizens, legal persons, or unincorporated organizations into the languages of ethnic minorities for publication and distribution in the country; (12) make available published works to persons with print disabilities in an accessible manner that they can perceive; (13) Other circumstances provided for by laws and administrative regulations. The provisions of the preceding paragraph apply to restrictions on copyright-related rights.
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