12 situations in which a work can be used without the permission of the copyright owner 5

This question belongs to the fair use provisions in copyright.

According to Article 22 of the Copyright Law:

The use of a work in the following circumstances may be made 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.

Referenced from the Copyright Law of the People's Republic of China

The use of a work in the following circumstances may be made 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) For personal study and research.

or to appreciate or use the published work of others;

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.

The provisions of the preceding paragraph apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations, and television stations.

The law does not clearly stipulate that the victory or loss of a lawsuit depends on the lawyer's attainment.

However, Chen Kaige seems to have withdrawn the lawsuit, and it will not be of much benefit to him to fight such a lawsuit. The people's backs are obvious.

Legal analysis: The fair use of copyright stipulated by law includes 12 situations such as use for personal study, research or appreciation, etc., without the permission of the copyright owner and without paying remuneration to him, but the name or title of the author and the name of the work shall be indicated, and shall not affect the normal use of the work, and shall not reasonably damage the legitimate rights and interests of the copyright owner.

Legal basis: Copyright Law of the People's Republic of China Article 24 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, 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 lawful 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, telemarketing 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 a fee to the public or pay remuneration to the performers, and are not for profit;

10) Copying, painting, photography, 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;

12) Make available to persons with print disabilities their published mismatched works in an accessible manner that they can perceive;

13) Other circumstances provided for by laws and administrative regulations.

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

Legal analysis: Without the permission of the author, the right of publication, the right of authorship, the right of modification, the right to protect the integrity of the work, the right of reproduction, the right of distribution, the right of rental, the right of exhibition, the right of performance, the right of screening, the right of broadcasting, the right of information network dissemination, the right of photography, the right of adaptation, the right of translation, the right of compilation and other rights that should be enjoyed by the copyright owner, shall not be exercised on the work. Among them, the copyright owner may license others to exercise the right of reproduction, distribution, rental, exhibition, performance, screening, broadcasting, information network dissemination, photography, adaptation, translation, compilation and other rights that should be enjoyed by the copyright owner.

Legal basis: Article 10 of the Copyright Law of the People's Republic of China Copyright includes the following personal rights and property rights: (1) the right of publication, that is, the right to decide whether the work is made public; (2) the right of authorship, that is, the right to indicate the identity of the author and sign the work; (3) the right to modify, that is, the right to modify or authorize others to modify the work; (4) the right to protect the integrity of the work, that is, the right to protect the work from distortion or tampering; (5) The right of reproduction, that is, the right to make one or more copies of a work by means of printing, photocopying, rubbing, audio recording, video recording, ripping, reproduction, digitization, etc.; (6) the right of distribution, that is, the right to provide the original or copy of the work to the public in the form of ** or gift; (7) the right to lease, that is, the right to permit others to temporarily use the original or reproduction of audiovisual works or computer software for a fee, except where the computer software is not the main subject of the lease; (8) the right to exhibit, that is, the right to publicly display the originals or reproductions of works of art or photography; (9) the right of performance, that is, the right to perform works in public, as well as the right to publicly broadcast performances of works by various means; (10) The right of screening, that is, the right to publicly reproduce art, photography, audio-visual works, etc., through projectors, slide projectors, and other technical equipment; (11) the right of broadcasting, that is, the right to publicly communicate or retransmit works by wire or wireless means, as well as the right to communicate to the public the broadcast works through loudspeakers or other similar means of transmitting symbols, sounds or images, but excluding the rights provided for in item 12 of this paragraph; (12) the right of information network dissemination, that is, the right to make the work available to the public by wire or wireless means, so that the public can obtain the work at a time and place of its choosing; (13) the right of filming, that is, the right to fix the work on the medium by the method of filming the audiovisual work; (14) the right of adaptation, that is, the right to change a work and create a new work with originality; (15) the right of translation, i.e., the right to convert a work from one language to another; (16) the right of compilation, that is, the right to assemble a work or fragments of a work into a new work through selection or arrangement; (17) Other rights that shall be enjoyed by the copyright owner.

Copyright owners may permit others to exercise the rights provided for in items (5) through (17) of the preceding paragraph, and to receive remuneration in accordance with the agreement or the relevant provisions of this Law. Copyright owners may transfer all or part of the rights provided for in items (5) through (17) of the first paragraph of this article, and receive remuneration in accordance with the agreement or the relevant provisions of this Law.

Today's topic is the difference between statutory permission and fair use of copyright. According to the provisions of China's Copyright Law, there are two restrictions on copyright, one is fair use and the other is statutory permission. The difference between Meng Qingliang's fair use and statutory permission is:

According to the provisions of the statutory license, others do not need to obtain permission from the copyright owner to use the work, but they need to pay remuneration; According to the fair use provisions, the use of the work by others does not require permission from the copyright owner and no remuneration is required. Why, then, does fair use require neither permission nor remuneration from the copyright owner, whereas statutory permission does? Because most of the fair use cases are not for profit, and involve the public interest, and at the same time, it will not unreasonably damage the legitimate rights and interests of the copyright owner, therefore, there is no need to pay remuneration if it meets the fair use situation.

However, in the case of statutory licensing, although there is also a public interest involved, most of the cases that meet the statutory licensing conditions have a for-profit purpose, so those who meet the statutory licensing circumstances need to pay remuneration.

Article 22 of the Copyright Law of the People's Republic of China Article 22 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 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; Article 23 of the Copyright Law of the People's Republic of China: Textbooks compiled and published for the purpose of implementing nine-year compulsory education and the national education plan may, without the permission of the copyright owner, compile fragments of published works or short literary works, ** works, or single works of art or photographic works in the textbooks, unless the author has previously stated that they are not allowed to use them, provided that remuneration shall be paid in accordance with the provisions, 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.