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The fair use of copyright includes the following situations:
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:
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) free performances of published works that have not been charged to the public and have not been remunerated to 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.
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China's copyright law stipulates that authors enjoy the right of information network dissemination, that is, the right to disseminate works on the network. However, Article 22 of the Copyright Law also stipulates 12 types of fair use situations that can be used without the permission of the copyright owner and without payment of remuneration. For example:
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 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; (6) Translate or reproduce a small amount of published works for the purpose of classroom teaching or scientific research in schools, for use by teaching or scientific research personnel, etc. In the above circumstances, the author's work may be used reasonably, but the author's name 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. Legal basis:
Article 22 of the Copyright Law of the People's Republic of China provides that 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 the copyright owner, 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: (1) using the published work 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; 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;
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Legal analysis: The circumstances of fair use of copyright are: 1. Where the work of others is used, the name and title of the work shall be indicated, unless otherwise agreed by the parties or the characteristics of the way the work is used cannot be specified.
2. The published works in the Copyright Law refer to the works published by the copyright owner himself or by others that he or others have allowed to disclose. In accordance with the relevant provisions of the Copyright Law, the copyright owner shall not permit the use of a published work, shall not affect the normal use of the work, and shall not reasonably harm the lawful rights and interests of the copyright owner.
Legal basis: Article 22 of the Copyright Law of the People's Republic of China provides that 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 the copyright owner, 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:
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;
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1. What are the fair use circumstances stipulated in the Copyright Law?
1. The fair use circumstances stipulated in the Copyright Act are as follows:
1) Use the published works of others for personal study, research or appreciation;
3) In order to report current affairs, it is inevitable to reproduce or quote published works in newspapers, periodicals, radio, television programs, etc.;
4) For school classroom teaching or scientific research;
5) The use of published works by state organs within a reasonable scope for the performance of official duties;
6) Free performances of published works;
7) Copying, painting, and photographing works of art set up or displayed in outdoor public places.
2. 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) Inevitably reproducing or quoting published works in newspapers, periodicals, radio stations, television stations, etc., for the purpose of reporting news;
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 copyright owner declares that they are not allowed to be published;
6) Translation, adaptation, compilation, or small reproduction of published works for the purpose of classroom teaching or scientific research, for the use of teaching or scientific research personnel, but must not be published or distributed;
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, cultural centers, etc., reproduce works collected by the library for the purpose of displaying or preserving editions;
9) Free performances of published works that do not charge the public or remunerate the performers, and are 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 been published by Chinese citizens, legal persons, or unincorporated organizations into works in minority languages for publication and distribution in the country;
xii) make available published works in an accessible manner that is perceptible to persons with print disabilities;
13) Other circumstances provided for by laws and administrative regulations.
The provisions of the preceding paragraph apply to restrictions on copyright-related rights.
2. What is the object of protection under the Copyright Law?
1. Literature; 2. Arts and natural sciences;
3. Social Sciences;
4. Engineering and technology works.
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