What are the specific circumstances under which a statutory license is obtained for copyright?

Updated on society 2024-04-22
3 answers
  1. Anonymous users2024-02-08

    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.

  2. Anonymous users2024-02-07

    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.

  3. Anonymous users2024-02-06

    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.

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