What are the principles that should be followed when using other people's works
The principle that should be followed when using other people's works is that, unless there are exceptions provided in this law, a licensing contract should be concluded with the copyright owner. The conclusion of a licensing contract mentioned here refers to obtaining the permission of the copyright owner. The permission here includes signing a written contract with the copyright owner and obtaining the copyright owner's permission, as well as obtaining an oral commitment from the copyright owner to use the work. Under what circumstances should a written license contract be signed, and under what circumstances should a verbal commitment be obtained and the consent of the copyright owner be obtained to license the use of the work? The decision is made based on various factors such as the type and nature of the rights, the amount of remuneration and the degree of trust between the parties.
Generally speaking, book publishing should sign a written license contract, and when singing a certain song, you can obtain a verbal commitment from the lyricist and composer. If the geographical scope of use is wide and the period of use is long, it is best to sign a written permission contract; if the geographical scope of use is narrow and the period is short, you can obtain a verbal commitment and obtain permission. If the remuneration is high and cannot be settled immediately, it is best to sign a written license contract. If the remuneration is low or the settlement cannot be immediate, you can obtain a verbal commitment and obtain a license. It is more prudent to sign a written permission contract and the content is relatively complete. It is easier to obtain a verbal commitment and obtain permission to use. However, whether you sign a written permission contract or obtain a verbal commitment or permission, the basic spirit is that when using other people's works, you should obtain the permission of the copyright owner and cannot use it without authorization.
Of course, in order to facilitate the dissemination of the work, From the perspective of meeting the cultural needs of society and developing science and technology, it is impossible to obtain the copyright owner's permission at all times when using other people's works. Therefore, this article stipulates that “exceptions may be made without permission as provided in this Law.” The lack of permission provided here mainly refers to the "fair use" and "statutory permission" stipulated in this law.The content has been explained in other chapters of the interpretation of this law and will not be repeated in this article.
I hope that through the above content you can have a deeper understanding of some related issues regarding the principles that should be followed when using other people's works. If your situation is more complicated, this website also provides online lawyer consultation services. You are welcome to seek legal consultation.
