What are the circumstances under which statutory permission is granted under the Copyright Law?

The statutory permission of the Copyright Law of the Legal Network] The statutory permission has the following circumstances: (1) For the purpose of compiling and publishing textbooks for the implementation of nine-year compulsory education and national education planning, unless the author declares in advance that it is not allowed to use them, it may compile fragments of published works or short text works, ** works or single works of art or photographic works in the textbooks without the permission of the copyright owner, but remuneration shall be paid in accordance with the regulations, indicating the name of the author and the title of the work. and shall not infringe other rights enjoyed by the copyright owner in accordance with the Copyright Law; (2) After the work is published in newspapers and periodicals, other newspapers and periodicals may publish it in newspapers and periodicals, except for the copyright owner's statement that it shall not be excerpted or compiled; (3) The producer of a sound recording may make a sound recording without the permission of the copyright owner, but shall pay remuneration in accordance with the provisions when using the ** work that has been legally recorded as a sound recording by another person as a sound recording; The copyright owner declares that it is not allowed to use it. (4) Radio and television stations** published works by others; (5) Sound recordings that have been published by radio stations and television stations** may be released without the permission of the copyright owner, but remuneration shall be paid.

Unless otherwise agreed by the parties.

Statutory permission refers to the use of published works without the consent of the author or other copyright holders in accordance with the provisions of the law. It is a restriction on copyright. When using the works of others in accordance with the statutory permission, remuneration shall be paid to the author or other copyright owners in accordance with regulations, and the name of the author, the title of the work, and the source shall be indicated.

Statutory Permission"There are several scenarios:

1) Textbooks compiled and published for the purpose of implementing nine-year compulsory education and national education planning, except where the author has stated in advance that they are not allowed to be used, may compile fragments of published works or short text works, ** works, or single works of art or photographic works in the textbooks without the permission of the copyright owner, provided that remuneration shall be paid in accordance with regulations, indicating the name of the author and the title of the work, and shall not infringe other rights enjoyed by the copyright owner in accordance with the Copyright Law;

(2) After the work is published in newspapers and periodicals, other newspapers and periodicals may publish it in newspapers and periodicals, except for the copyright owner's statement that it shall not be excerpted or compiled;

(3) The producer of a sound recording may make a sound recording without the permission of the copyright owner, but shall pay remuneration in accordance with the provisions when using the ** work that has been legally recorded as a sound recording by another person as a sound recording; The copyright owner declares that it is not allowed to use it.

Legal analysis: There are the following situations for statutory permission: (1) Textbooks for the purpose of compiling and publishing textbooks for the implementation of the nine-year compulsory education and the national education rental and dispersion plan, unless the author declares in advance that they are not allowed to be used, may compile fragments of published works or short literary works, ** works or single works of art or photographic works in the textbooks without the permission of the copyright owner, but remuneration shall be paid in accordance with the regulations, indicating the name of the author and the name of the accompanying work. and shall not infringe other rights enjoyed by the copyright owner in accordance with the Copyright Law; (2) After the work is published in newspapers and periodicals, other newspapers and periodicals may publish it in newspapers and periodicals, except for the copyright owner's statement that it shall not be excerpted or compiled; (3) The producer of a sound recording may make a sound recording without the permission of the copyright owner, but shall pay remuneration in accordance with the provisions when using the ** work that has been legally recorded as a sound recording by another person as a sound recording; The copyright owner declares that it is not allowed to use it.

(4) Radio and television stations** published works by others; (5) Sound recordings published by radio stations and television stations** may be made without the permission of the copyright owner, but remuneration shall be paid. Unless otherwise agreed by the parties.

Legal basis: Civil Code of the People's Republic of China

Article 990:Personality rights are rights enjoyed by civil subjects, such as the rights to life, body, health, name, title, portraiture, reputation, honor, and privacy. In addition to the personality rights provided for in the preceding paragraph, natural persons enjoy other personality rights and interests based on personal freedom and personal dignity.

Article 995:Where personality rights are infringed, the victim has the right to request that the perpetrator bear civil liability in accordance with the provisions of this Law and other laws. The provisions of the statute of limitations do not apply to the victim's right to request cessation of infringement, removal of obstacles, elimination of danger, elimination of impact, restoration of reputation, and formal apology.

Legal Analysis: 1. The work has been published. 2. Payment must be made.

3. The moral rights of the copyright owner shall not be infringed, and the name of the author and the title of the work shall be indicated, and the normal use of the work shall not be affected. 4. Unless the author declares in advance that it is not allowed to be used. In addition, in the statutory permission of copyright, although the permission of the copyright owner is not required in advance to use the work of another person who enjoys the copyright, remuneration must be paid to the copyright owner.

Legal basis: Copyright Law of the People's Republic of China Article 22 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 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: (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 current affairs news; (4) Newspapers, periodicals, radio stations, television stations, etc., or articles on current affairs on political, economic, or religious issues that have already been published in other newspapers, periodicals, radio stations, television stations, etc., except where the author declares that they are not allowed to be published; (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) Translate or reproduce in small quantities already 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 publish or distribute them; (7) State organs use published works 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 already 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.

Statutory copyright licensing is a system whereby natural persons, legal persons or other organizations may, in accordance with the law, use their works without the permission of the copyright owner, but shall pay remuneration in accordance with the regulations.

Legally permissible:

1) Statutory permission for teaching materials.

Textbooks for the purpose of implementing compulsory education and national education plans may be compiled in textbooks without the permission of the copyright owner, as well as fragments of published works or short literary works, ** works, or single works of art, photography, or graphics, but remuneration shall be paid to the copyright owner in accordance with regulations, indicating the author's name or title and the title of the work. and shall not infringe other rights enjoyed by the copyright owner in accordance with this law.

2) Newspapers and periodicals** statutory license.

Article 33 of the Copyright Law: After the publication of a work, unless the copyright owner declares that it is not allowed to be excerpted, other newspapers and periodicals may publish it as abstracts or materials, but remuneration shall be paid to the copyright owner in accordance with the regulations.

3) Statutory permission for recording.

Article 42 of the Copyright Law: A producer of a sound recording may make a sound recording without the permission of the copyright owner, but shall pay remuneration in accordance with the provisions of the use of ** works that have been legally recorded as sound recordings by others to make sound recordings; The copyright owner declares that it is not allowed to use it.

5) Statutory permission for poverty alleviation.

In order to help the poor, the public in rural areas shall be provided free of charge through information networks with works related to poverty alleviation and works adapted to basic cultural needs, such as planting and breeding, disease prevention and control, disaster prevention and mitigation, etc., which have been published by Chinese citizens, legal persons or other organizations, except where the copyright owner does not agree to provide them, and the network service provider shall announce the works to be provided, their authors, and the standards of remuneration to be paid before providing them, and shall not directly or indirectly obtain economic benefits.

Statutory copyright permission refers to the use of published works without the consent of the author or other copyright holders in accordance with the provisions of the law. According to Article 23 of the Copyright Law, the statutory license of copyright in China includes the following four situations:

1.Textbooks compiled and published for the purpose of implementing the nine-year compulsory education and national education plan may, without the permission of the copyright owner, compile fragments of published works or short text works, works of Zheng **, or single works of art or photography in the textbooks, unless the author has previously stated that they are not allowed to use them;

2.Press**;

3.production of phonograms;