1. What are the restrictions on the right to organize radio and television broadcasts
On broadcasting Restrictions on television organization rights shall be implemented in accordance with the following provisions. In the following circumstances, a work may be used without the permission of the copyright owner and without payment of remuneration to the copyright owner, but the name of the author and the title of the work shall be specified, and other rights enjoyed by the copyright owner in accordance with this law shall not be infringed:
For personal study, research or appreciation, using other people's published works;
To introduce, comment on a certain work or explain On a certain issue, appropriately cite the published works of others in the work;
In order to report current affairs news, it is not allowed to be used in newspapers, periodicals, radio stations, television stations and other media. Avoid reproduce or quote published works;
Newspapers, periodicals, radio stations, TV stations and other media publish or broadcast other newspapers, periodicals, radio stations, TV stations, etc. Current affairs articles on political, economic, and religious issues that have been published by the media, except where the author declares that they are not allowed to be published or broadcast;
Newspapers, periodicals, radio stations, Television stations and other media publish or broadcast speeches delivered at public gatherings, except where the author declares that they are not allowed to be published or broadcast;
Translation for school classroom teaching or scientific research Or make small copies of published works for use by teaching or scientific researchers, but they are not allowed to be published or distributed;
State agencies use published works within a reasonable scope for the purpose of performing official duties Works;
Libraries, archives, memorial halls, museums, art galleries, etc., reproduce the works collected by the library for the purpose of display or preservation of versions;
Free performance of a published work without charge to the public or payment to the performer;
For installation or display outdoors Copy, paint, photograph, and video of artistic works in public places;
Translate works created in Chinese language that have been published by Chinese citizens, legal persons, or other organizations Publish and distribute works in ethnic minority languages domestically;
Convert already published works into Braille for publication.
The provisions of the preceding paragraph shall apply to restrictions on the rights of publishers, performers, audio and video producers, radio stations, and television stations.
For implementation For textbooks compiled and published for the nine-year compulsory education and the national education plan, unless the author declares in advance that no use is allowed, fragments of published works or short literary works, musical works or single images may be compiled in the textbook without the permission of the copyright owner. artistic works and photographic works, but the remuneration shall be paid in accordance with regulations, the name of the author and the title of the work shall be specified, and other rights enjoyed by the copyright owner in accordance with this law shall not be infringed.
2. Rights and obligations of radio and television organizations
Radio and television organization rights refer to the exclusive rights that radio stations and television stations enjoy in accordance with the law over the radio or television programs they broadcast.
(1) Radio and television organizations Rights
1. Broadcasting rights
That is, the broadcasts produced by radio stations and television stations Television programs have the right to broadcast themselves or allow others to broadcast them. No one may interfere with the broadcasting rights of radio and television organizations to broadcast their own programs without justifiable reasons. At the same time, no other radio or television station may broadcast them without the permission of the radio and television organizations.
2. Reproduction and distribution rights
That is, radio stations and television stations have the right to reproduce and distribute the programs they produce or The right to permit others to copy and distribute. No individual or unit, or any radio or television station may copy or distribute without permission.
3. Right to prohibit
The right to prohibit the broadcasting of radio and television broadcasts without permission Retransmission and recording of radio and television broadcasts on audio-visual carriers and duplication of audio-visual carriers. The protection period of the above-mentioned rights enjoyed by radio stations and television stations is 50 years, ending on December 31 of the 50th year after the first broadcast of the radio or television station.
(2) Obligations of radio and television organizations
1. Obligations to copyright owners
The rights of radio and television organizations to copyright owners mainly include: (1) Radio stations and television stations that use other people’s unpublished works to produce radio or television programs should obtain the rights from the copyright owner. (2) Radio stations and television stations may use other people’s published works to produce radio and television programs without the permission of the copyright owner, except where the copyright owner declares that the use is not allowed, and unless the copyright law Except where there is a stipulation that remuneration may not be paid, remuneration shall be paid to the copyright owner in accordance with the regulations. If the identity of the copyright owner is unknown, or the address of the copyright owner is unknown, radio stations and television stations should send the remuneration to the China Copyright Research Society, an organization designated by the National Copyright Administration, within one month after using the work, and the research society will forward it to Copyright owner; (3) When radio stations and television stations use other people’s derivative works to adapt, translate, annotate, and organize existing works to produce radio or television programs, they may do so without the permission of the copyright owner, but they must obtain permission from the copyright owner of the derivative work and the original work respectively. Copyright holders pay remuneration.
2. Obligations to performers
Radio stations and television stations produce radio and television programs The party shall conclude a contract with the performer and pay remuneration to the performer in accordance with the regulations or the contract.
3. Obligations to audiovisual producers and film and television producers
Television stations broadcast other people’s For films, television and videos, regardless of whether the films or videos have been publicly shown or broadcast, as long as they are still within the copyright protection period, permission must be obtained from the film and television producers and video producers, and remuneration should be paid to them. Article 43 of my country's Copyright Law also stipulates: "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 prescribed by the State Council."
The above is the answer given by the editor of Legal Savior Network on "What are the restrictions on the right to organize radio and television broadcasts?" We can understand that the restrictions on the right to organize radio and television broadcasts are implemented in accordance with the above regulations . If you still want to know other legal knowledge, the Legal Savior Network also provides professional lawyer online consultation services. You are welcome to have legal consultation again.
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