1. What are the principles of restrictions on the exercise of copyright
About restrictions on the exercise of copyright The principles are as follows:
1. Fair use
Fair use refers to what is stipulated by law , others may use the copyrighted work without the permission of the copyright owner or payment of remuneration. The conditions for fair use stipulated in copyright laws around the world are different. Fair use stipulated in Article 22 of my country's Copyright Law includes the following situations:
For personal study , study or appreciate, use other people’s published works; (used for personal use)
To introduce, comment on a certain work or explain a certain Issues should be appropriately cited in the works that have been published by others;
In order to report current affairs news, it will inevitably reappear in newspapers, periodicals, radio stations, television stations and other media Or quote published works;
Newspapers, periodicals, radio stations, TV stations and other media publish and broadcast works that have been published by other newspapers, periodicals, radio stations, TV stations and other media Current affairs articles on political, economic, and religious issues, except those where the author declares that they are not allowed to be published or broadcast;
Published in newspapers, periodicals, radio stations, television stations and other media Or broadcast speeches delivered at public gatherings (except those where the author declares that they are not allowed to be published or broadcast);
For school classroom teaching or scientific research, translation or small copying has been Published works are for use by teaching or scientific researchers, but may not be published or distributed;
State agencies may use them within a reasonable scope to perform official duties for the purposes of legislation, justice, and law enforcement. Published works;
Libraries, archives, memorial halls, museums, art galleries, etc., reproduce the works collected by the library for the purpose of display or preservation;
A free performance of a published work, with no fees charged to the public and no remuneration paid to the performer;
Copying, painting, photographing, and videotaping works of art installed or displayed in outdoor public places;
Works created in spoken and written languages are translated into minority languages and written works for domestic publication and distribution; already published works are converted into braille for publication.
Regardless of the above situation, the user must indicate the source of the work and the name of the author, and must strictly abide by the conditions stipulated by law. Generally speaking, except for use in museums, archives, libraries, memorials, and art galleries, fair use only exists for published works, and there is no fair use for unpublished works.
2. License
License means that the author’s consent is not required. The act of using copyrighted works by paying remuneration. This copyright restriction method usually includes two aspects: statutory license and compulsory license.
Legal permission refers to the act of using a work without the consent of the copyright owner under the conditions stipulated in the copyright law, but remuneration must be paid to the copyright owner afterwards. That is the paid use of the license. The conditions for legal permission are that the user should pay remuneration when using the copyrighted work, and the author's name, work title and source should also be indicated. However, statutory permission does not apply to works where the copyright owner states that they are not allowed to be used. The law stipulates that the purpose of statutory licensing is for education and scientific research, or for the public interest. It is a type of use that is still permitted by law even though the scope of copyright has exceeded the limits of fair use. The right to reprint in newspapers and periodicals, radio and television organizations as stipulated in Article 32, Paragraph 2, Article 39, Paragraph 2, Article 42, Article 43, and Article 23 of my country’s Copyright Law Producing radio and television programs, etc., is a statutory license.
Compulsory license refers to a specific application to use the work under the one-time designated authorization by the relevant national management department in accordance with the law when the copyright owner fails to perform his rights within the statutory period. People may use published works without the consent of the copyright owner,However, reasonable remuneration must be paid. Compulsory licenses are issued by the copyright management department to specific applicants, while statutory licenses are clearly stipulated in the law. Statutory license applies to the whole society and anyone can use it, while the scope of application and the conditions for establishment of compulsory license vary from country to country. There is no provision for compulsory licensing in my country's Copyright Law.
3. Exhaustion of copyright
Exhaustion of copyright refers to the exhaustion of the right to sell in copyright , that is, after the copyright owner agrees to put the printed works of the work on the domestic market, the copyright owner cannot control or interfere with the distribution of the work. This means that the copyright owner's exclusive right to sell can only be exercised once.
4. Public order reservation
Public order reservation refers to anyone who is considered to have intentionally deceived the public. Works that violate the first principle, are vulgar, defy the law or religion, slander others, etc. shall not enjoy copyright protection. This approach of restricting the copyright of works that violates public order also applies to certain exclusive rights in the copyright of works.
5. State expropriation
The Soviet Union and some countries in former Eastern Europe used works from the state It also stipulates that when necessary, the state shall expropriate the copyright of works in use (that is, nationalize them).
2. Scope of copyright restrictions permitted by law
1. Textbooks compiled and published for the implementation of the nine-year compulsory education and the national education plan may be published without the permission of the copyright holder, unless the author declares in advance that they are not allowed to be used. Textbooks compile fragments of published works or short written works, musical works, or single pieces of art or photographic works, but remuneration must be paid in accordance with regulations, the name of the author and the title of the work must be specified, and other rights enjoyed by the copyright owner must not be infringed.
2. A sound recording producer who uses a musical work that has been legally recorded as a sound recording by others can make sound recordings without the permission of the copyright owner, but must pay remuneration in accordance with regulations. , the copyright owner shall not use it if it states that it is not allowed to be used.
3.Radio stations and television stations may broadcast works that have been published by others without the permission of the copyright owner, but remuneration must be paid.
4. Radio stations and television stations may play published sound recordings without the permission of the copyright owner, but remuneration must be paid. Unless otherwise agreed by the parties. Specific measures shall be separately formulated by the State Council.
The above is the answer given by the editor of Legal Savior Network regarding the principles of restrictions on the exercise of copyright and the scope of copyright law. Thank you for reading. If you have other legal questions about copyright, you are welcome to go to the Legal Savior Network for legal consultation. The professional lawyers at the Legal Savior Network will answer your questions online. We hope it will be helpful to you.
No comments yet. Say something...