What are the specific circumstances of statutory copyright licensing?

But there is also an author of this part, who does not sell the copyright of her work, but licenses the work to the TV series producer. This is often referred to as copyright licensing.

What is the definition of copyright licensing?

Copyright licensing refers to the fact that the copyright owner allows others to exercise its copyright under certain conditions on the premise of retaining its identity as the copyright owner. The so-called "certain conditions" include restrictions on the manner, time, and geographical scope of use, in addition to royalties.

What are the characteristics of copyright licensing?

1. The permission to use the copyright does not change the ownership of the copyright.

2. The copyright still belongs to the copyright owner in its entirety, and it will not cause any defects in rights. The rights of the licensee are subject to the provisions of the contract. The licensee cannot exercise the rights beyond the agreed agreement without authorization, and at the same time, it can only exercise the copyright in the agreed manner in the agreed territory and for the agreed period.

3. The licensee cannot license the rights he enjoys to others without authorization, nor can he prohibit the copyright owner from licensing others to use the same rights in exactly the same way, in the same territory and for the same period, unless the licensee enjoys the exclusive license right with the right of sub-license.

4. The licensee generally cannot file a lawsuit against the infringer in its own name against the infringement of its own rights and interests by a third party, because the licensee is not the subject of copyright, unless the copyright owner licenses the exclusive right of use.

Reminder: Copyright licensing means that the copyright owner allows others to exercise its copyright under certain conditions under certain conditions on the premise of retaining its identity as the copyright owner, and does not change the ownership of the copyright, but you must be cautious when signing a copyright license contract.

Statutory permission refers to the use of published works without the consent of the author or other copyright owners in accordance with the provisions of the law, which 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.

There are several cases of statutory permission:

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 as abstracts or materials, except for the copyright owner's statement that it shall not be excerpted or edited;

3) Producers of sound recordings may make sound recordings without the permission of the copyright owner, but shall pay remuneration in accordance with regulations; 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. At present, the statutory licensing system provided for in the copyright laws of various countries is generally limited to the performance of ** works or ** plays and the reuse of commercial recordings.

Legal Analysis: 1) Statutory Licensing of Textbooks.

2) Statutory permission for newspapers and periodicals**.

3) Statutory permission for the production of sound recordings.

Legal basis: 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 rewards to the author: (1) Engineering design drawings, product design drawings, maps, schematic diagrams, computer software, and other service works that are mainly used by the legal person or the unincorporated organization to create a banquet and be sold by 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.

Legal Analysis] Circumstances of statutory copyright permission: 1. Use the published works of others for personal study, research or appreciation; 2. In order to introduce or comment on a work or illustrate a certain issue, appropriately quote the published works of others in the work; 3. In order to report the news, it is inevitable to reproduce or quote the works published by Hu Jing in newspapers, periodicals, radio stations, television stations, etc. 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 as abstracts or materials, except for the copyright owner's statement that it shall not be excerpted or edited; (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 of caution when using the ** work of others that has been lawfully recorded as a sound recording; The copyright owner declares that it is not allowed to use it.

Legal basis] Celery.

Copyright Law of the People's Republic of China Article 14 The copyright of a work created by two or more persons shall be jointly enjoyed by the co-authors. Those who do not participate in the creation cannot become co-authors. The copyright of the collaborative work shall be exercised by the co-author through consensus; If there is no consensus and there is no justifiable reason, neither party shall prevent the other party from exercising other rights other than transferring or licensing the exclusive use or pledging of others, but the proceeds shall be reasonably distributed to all co-authors.

Where a collaborative work may be used separately, the authors may separately enjoy the copyright for the part of their respective creations, but the copyright of the collaborative work as a whole must not be infringed upon when exercising the copyright. Article 16: Use works produced by adapting, translating, annotating, arranging, or compiling existing works for publication, performance, and production of audio recordings.