What are the similarities and differences between fair use and legally permitted use?

1. What is the difference between statutory permission and fair use?

Concept: Fair use is a commonly used method in copyright restriction methods, which refers to a legal act in which an author or a person other than the copyright owner adopts a reasonable way to use a copyrighted work in accordance with the law for statutory purposes or needs without the consent of the author or other copyright owner, and does not pay remuneration.

Statutory permission in the legal relationship of copyright refers to a legal system where, under statutory conditions, the user uses the copyrighted work without infringing on the legitimate rights and interests of the author, and only pays the prescribed remuneration to the author or other copyright owners, indicating the name of the work, the source and the name of the author, without the consent or permission of the author, and does not constitute infringement.

There are several main differences between the statutory licensing system and the fair use system:

The statutory licensing system recognizes and protects the property rights of authors or copyright owners over their works in accordance with the law, and the object of its restriction is only the personal and moral rights of the author, that is, the author's consent or permission is not required to use his work, while the fair use system not only restricts the personal rights of the author, but also restricts the property rights and interests of the author, which is the main difference between the two.

2) The purpose of use is different:

Under the statutory licensing system, the user uses the work for profit, and the user can use the work of others at any time, and there is no limit on the number and number of times it can be used. However, the purpose of use by the user under the fair use system is non-commercial, and any use of another person's work for profit or commercial purpose does not constitute fair use.

3) Statutory licensing regimes often involve neighbouring rights holders.

In addition to the relationship between the user and the original author, the use under the statutory license often involves the legal relationship with the neighboring rights holders, such as performers, singers, performers, etc., and the legal relationship between the statutory license system is much more complex than that of the fair use system.

4) Authors have the right to retain their rights by way of prior declaration, excluding the application of statutory licenses, while authors cannot retain their rights under fair use.

Similarities: The purpose is to focus on promoting the public interest and restricting the rights of copyright owners; You can only use the published work of others; You do not need to obtain permission from the copyright owner to use the work of others; The name of the author and the title of the work must be indicated. The difference is that:

The legally permitted users are performers, producers of sound recordings, broadcasting organizations and newspapers, but fair users are not subject to limitations; Remuneration should be paid to the copyright owner for the use of the work where it is legally permissible, and not in the case of fair use; In the case of legally permitted use, the copyright owner declares that it is not allowed to use, but there is no such condition attached to fair use.

Is this the answer?

Legal analysis: fair use refers to the act that the user may use the copyright owner's work without the permission of the copyright owner and without paying remuneration to him, but shall indicate the name of the copyright owner and the title of the work, and do not infringe the legal rights enjoyed by the copyright owner in accordance with the law, which is permitted by law. Statutory permission refers to the act of using the copyright owner without the permission of the copyright owner, without the permission of the copyright owner, when the user pays remuneration to the copyright owner, indicates the name of the copyright owner and the title of the work, and does not infringe the legal rights enjoyed by the copyright owner in accordance with the law, and the use is permitted by law.

The differences between the two are: first, the scope of the citation is different, fair use is only a small amount of use, while the proportion of statutory permission is larger; Second, fair use must be a published work, and the statutory license can include unpublished work; The third is that fair use is generally non-reproduction use, but it can be published and distributed before the auction and with legal permission.

Legal basis: Copyright Law of the People's Republic of China Article 29 The rights not expressly permitted or transferred by the copyright owner in the license contract and transfer contract shall not be exercised by the other party without the consent of the copyright owner.

The difference between statutory permission and fair use is:

1. Fair use must be a published work, and the legal permission can include unpublished works;

2. Fair use does not require remuneration, and statutory permission is required;

3. Fair use is generally non-reproduction use, but statutory permission can be published and distributed;

4. Other differences.

The similarities between the two are:

Statutory permission refers to the act of using the copyright owner without the permission of the copyright owner, without the permission of the copyright owner, when the user pays remuneration to the copyright owner, indicates the name of the copyright owner and the title of the work, and does not infringe the legal rights enjoyed by the copyright owner in accordance with the law, and the use is permitted by law.

Fair use refers to the act of using the copyright owner's work without the permission of the copyright owner and without paying remuneration to the copyright owner, but shall indicate the name of the copyright owner and the title of the work, and do not highlight the infringement of the legal rights enjoyed by the copyright owner in accordance with the law, and such behavior is permitted by law.

Legal basis

Copyright Law of the People's Republic of China (2020 Amendment).

Article 24.

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) To inevitably reproduce or quote published works in newspapers, periodicals, radio stations, television stations, etc., in order to report news;

13) Other circumstances provided for by laws and administrative regulations.

The difference between a statutory license and fair use Sakura is as follows:

1. Fair use must be published works, and the statutory license may include unpublished works;

2. Fair use does not require remuneration, and statutory permission is required;

3. Fair use is generally non-reproduction use, but statutory permission can be published and distributed;

4. Other differences.

The similarities between the two are:

Statutory permission refers to the act of using the copyright owner without the permission of the copyright owner, without the permission of the copyright owner, under the condition that the user pays remuneration to the copyright owner, indicates the name of the copyright owner and the title of the work, and does not infringe the legal rights enjoyed by the copyright owner in accordance with the law, and the use is permitted by law.

Fair use refers to the act of using the copyright owner's work without the permission of the copyright owner and without paying remuneration to the copyright owner, but shall indicate the name of the copyright owner and the title of the work, and without infringing the legal rights enjoyed by the copyright owner in accordance with the law, and such behavior is permitted by law.

Legal basis: Copyright Law of the People's Republic of China (2020 Amendment).

Article 24.

The use of a work in 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 or title of the person who is known 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;

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.

Legal Analysis: The main differences between statutory permission and fair use are:

1. The scope of quotation is not the same: fair use is only a small amount of use; The proportion of statutory permission is larger.

2. The scope of use of the work is different: fair use must be the published work; Statutory permission may include unpublished works.

3. Fair use is generally non-reproduction use; However, it can be published and distributed by legal permission.

4. No remuneration is required for fair use; And the statutory license must be paid.

5. Fair use does not need to be carried out under the premise that the copyright owner does not declare that it shall not be used, and the statutory permission is required.

Legal basis: Copyright Law of the People's Republic of China Article 29 The rights not expressly permitted or transferred by the copyright owner in the license contract or transfer contract shall not be exercised by the other party without the consent of the copyright owner.

Today's topic is the difference between statutory permission and fair use of copyright. According to the provisions of China's Copyright Law, there are two restrictions on copyright, one is fair use and the other is statutory permission. The difference between fair use and statutory permission is:

According to the provisions of the statutory license, others do not need to obtain permission from the copyright owner to use the work, but they need to pay remuneration; According to the fair use provisions, the use of the work by others does not require permission from the copyright owner and no remuneration is required. Why, then, does fair use require neither permission nor remuneration from the copyright owner, whereas statutory permission does? Because most of the fair use cases are not for profit, and involve the public interest, and at the same time, they will not unreasonably damage the legitimate rights and interests of the copyright owner, so there is no need to pay remuneration if the fair use situation is met.

However, in the case of statutory licensing, although there is also a public interest involved, most of the cases that meet the statutory licensing conditions have a for-profit purpose, so those who meet the statutory licensing circumstances need to pay remuneration.

Article 23 of the Copyright Law of the People's Republic of China for the purpose of implementing nine-year compulsory education and national education regulations for the compilation and publication of textbooks, unless the author has previously stated that it is not allowed to use, may compile published fragments of hidden pants or short text works, ** works, or single works of art or photography in the textbooks without the permission of the copyright bearer, but shall pay remuneration in accordance with the provisions and indicate 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 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.