What are the circumstances under which the copyright is legally permitted in 2019?

Several situations in the statutory permission and statutory permission of the Copyright Law involve too strong legal professionalism. Next, the copyright lawyer of Bajie's intellectual property team will bring you what are the circumstances of the 2019 copyright legal license? Statutory Permission of CopyrightStatutory permission of copyright 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. Statutory permission has the following circumstances: (1) For the purpose of compiling and publishing textbooks for the implementation of nine-year compulsory education and the national education plan, unless the author declares in advance that it is not allowed to use them, it 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 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 stations, television stations, and other people's published works; (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. Unless otherwise agreed by the parties. Bajie's intellectual property and copyright legal lawyer team can provide services such as rights protection, change, transfer, and certificate replacement, and professional legal counsel can handle them one-on-one, which is efficient, professional and assured.

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.

The circumstances of statutory copyright permission are as follows: 1. Textbooks for the purpose of implementing nine-year compulsory education and national education planning may be compiled and published in textbooks without the permission of the copyright owner, unless the author declares in advance that they are not allowed to be used, but the 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** He is aware of the published works; 5. Audio recordings that have been published by radio stations and television stations may be released without the permission of the copyright macro, but remuneration shall be paid.

Unless otherwise agreed by the parties. Article 35 of the Copyright Law provides that if a copyright owner submits a manuscript to a newspaper or periodical publisher and does not receive a notice from the newspaper publisher to decide to publish the manuscript within 15 days from the date of issuance of the manuscript, or does not receive a notice from the journal publisher within 30 days from the date of publication of the manuscript, the same work may be submitted to other newspapers or periodicals. Unless otherwise agreed by both parties.

After the work is published, except where the copyright owner states that it shall not be excerpted or compiled, other newspapers and periodicals may publish it as abstracts or materials, but remuneration shall be paid to the copyright owner in accordance with regulations.

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.

There are several types of statutory copyright permissions:

1. The user uses the published works of others for personal study, research, appreciation, appropriate citation instructions, etc.;

2. The user uses the published works of news reports and the copying of works of art displayed in public places.

[Legal basis].

Article 24 of the Copyright Law of the People's Republic of China, which came into effect on June 1, 2021.

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 him, 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;

13) Other circumstances approved by laws and administrative regulations.

The provisions of the preceding paragraph apply to restrictions on copyright-related rights.

Article 23 of China's "Copyright Law" stipulates that for the purpose of implementing nine-year compulsory education and national education planning, the preparation and publication of textbooks, except for the author's prior declaration that they are not allowed to be used, may be compiled in the textbook without the permission of the copyright owner, fragments of published works or short text works, ** works or single works of art, photographic works, China's statutory permission for copyright includes the statutory license for textbooks, the legal permission for newspapers and periodicals, and the legal permission for the production of sound recordings. The statutory permission for published works shall be paid in accordance with the provisions of remuneration, 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 this Law.

Paragraph 2 of Article 33 stipulates that after the publication of a work, other newspapers and periodicals may be published, except for those declared by the copyright owner that they shall not be excerpted or excerpted. or publish it as abstracts or materials, but remuneration shall be paid to the copyright owner in accordance with provisions.

Paragraph 3 of Article 40 stipulates that a sound recording producer may make a sound recording without the permission of the right holder by using a work that has been lawfully recorded as a sound recording by another person to make a sound recording, but shall pay remuneration to it in accordance with the regulations; The copyright owner declares that it is not allowed to use it.

Article 44 stipulates that sound recordings that have been published by radio and television stations** may be released without the permission of the copyright owner, but remuneration shall be paid. Unless otherwise agreed by the parties. The specific measures are stipulated by ***.

1. What is the nature of the statutory copyright license?

The statutory permission of copyright stipulates that the user can use the work without the prior permission of the copyright owner, but must pay the statutory remuneration afterwards. Although this system restricts the copyright owner's right to license, it still protects his right to remuneration and satisfies the economic interests of the copyright owner.

The advantage of this system is that even if the public's desire to make extensive use of the work becomes a reality, the economic interests of the copyright owner are protected, and the enthusiasm for creation and investment is encouraged, so that the interests of the copyright owner and the public are reasonably distributed to a certain extent.

In addition, the legal licensing method has the characteristics of high efficiency, simplicity and ease of use, which greatly reduces the cost of disseminating and using works, improves the economic benefits of users, and saves social wealth. As far as the copyright owner is concerned, because he saves the trouble of signing a contract, he can also concentrate on creation and produce more and better works, which also saves his input costs and improves economic benefits.

Therefore, the nature of statutory licensing is to restrict the licensing rights of the copyright owner in accordance with the direct provisions of the law, but protect its property rights, so as to achieve a balance between the interests of the copyright owner and the public.