-
Legal analysis: The specific circumstances under which a statutory license is obtained for copyright are: (1) a statutory license for textbooks.
The statutory license of copyright applies to the restriction of the rights of publishers, performers, producers of audio and video recordings, radio and television stations.
Legal basis: Article 18 of the Copyright Law of the People's Republic of China A work created by a natural person to complete the work tasks of a legal person or unincorporated organization is a service work, and except for the provisions of paragraph 2 of this article, the copyright is enjoyed by the author, but the legal person or unincorporated organization has the right to use it preferentially within the scope of its business. Within two years of the completion of the work, without the consent of the unit, the author shall not permit a third party to use the work in the same way as the unit.
In any of the following circumstances, the author enjoys the right of authorship, and other rights of copyright are enjoyed by the legal person or unincorporated organization, and the legal person or unincorporated organization may give rewards to the author: (1) Engineering design drawings, product design drawings, maps, schematic diagrams, computer software, and other works created primarily by using the material and technical conditions of the legal person or unincorporated organization, and for which the legal person or unincorporated organization bears responsibility; (2) Service works created by staff members of newspapers, periodicals, news agencies, radio stations, and television stations; (3) Service works that are provided for by laws or administrative regulations, or where contracts stipulate that copyright is enjoyed by legal persons or unincorporated organizations.
-
3) Statutory permission for the production of sound recordings. (4) **Statutory permission for published works. The statutory license of copyright applies to the restriction of the rights of publishers, performers, producers of audio and video recordings, radio and television stations.
Legal basis: Article 18 of the Copyright Law of the People's Republic of China Article 18 A work created by a natural person to complete the work tasks of a legal person or unincorporated organization is a service work, and except as provided in the second paragraph of this article, the copyright is enjoyed by the author, but the legal person or unincorporated organization has the right to use it preferentially within the scope of its business. Within two years of the completion of the work, without the consent of the unit, the author shall not permit a third party to use the work in the same way as the unit.
In any of the following circumstances, the author enjoys the right of authorship, and other rights to copyright are enjoyed by the legal person or unincorporated organization, and the legal person or unincorporated organization may give the author a reward: (1) Engineering design drawings, product design drawings, maps, schematic diagrams, computer software, and other service works created primarily by using the material and technical conditions of the legal person or unincorporated organization, and for which the legal person or unincorporated organization bears responsibility; (2) Service works created by staff members of newspapers, periodicals, news agencies, radio stations, and television stations; (3) Service works that are provided for by laws or administrative regulations, or where contracts stipulate that copyright is enjoyed by legal persons or unincorporated organizations.
-
The circumstances of the state of the statutory permission of copyright are as follows:
1.Textbooks compiled and published for the purpose of implementing nine-year compulsory education and national education planning, except where the author has previously stated 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, 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 as abstracts or materials, except where the copyright owner states that it shall not be excerpted or excerpted;
3.Producers of sound recordings may use the ** work of others that have been lawfully recorded as sound recordings to produce sound recordings, without the permission of the copyright owner, but shall pay remuneration in accordance with provisions; The copyright owner declares that it is not allowed to use it. The law provides for the use of a work protected by copyright law in a specific way or under certain conditions, without the consent of the author, but with the payment of remuneration to the author.
The difference with the compulsory licensing system is that the statutory license is directly prescribed by law, and there is no need to apply for or notify the copyright owner in advance; Compulsory licences must be applied for and duly granted in advance.
Legal basis
Article 24 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, 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 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 the news, it is inevitable to reproduce or quote published works in newspapers, periodicals, radio stations, television stations, etc.
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. >>>More
The fair use of copyright includes the following situations: >>>More
Due to the different types of works and the different ways in which the works are used, copyright licensing contracts can be classified from different perspectives. >>>More
1) The permission to use the copyright does not change the ownership of the copyright. Through the copyright license contract, the licensee only obtains the right to use the work for a certain period of time, within the agreed scope and in a certain way, and the copyright still belongs to the copyright owner in its entirety, which will not lead to any defects in rights >>>More
Computer software copyright refers to the exclusive rights enjoyed by software developers or other right holders for software works in accordance with the provisions of relevant copyright laws. So what are the specific contents of software copyright? What are the specific contents of software copyright? >>>More