What are the specific circumstances of legal copyright permission?
(1) Legal permission for textbooks Permission Article 23 of my country’s Copyright Law stipulates: “Textbooks compiled and published for the purpose of implementing the nine-year compulsory education and the national education plan, unless the author declares in advance that no use is allowed, the published materials may be compiled in the textbook without the permission of the copyright owner. For work fragments or short text works, musical works or single-frame works of art or photography, the legal permissions for copyright in my country include legal permissions for textbooks, legal permissions for reprinting in newspapers and periodicals, legal permissions for producing sound recordings, and legal permissions for playing published works. The license shall be subject to payment of remuneration in accordance with regulations, specify 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." This statutory license must meet the following conditions: First, the purpose of use must be to implement the nine-year If textbooks are compiled and published for compulsory education or national planning, legal permission does not apply to textbooks for colleges and universities that are not part of the nine-year compulsory education; secondly, the content used can only be limited to fragments of published works or short written works, Musical works or single pieces of art or photography.
(2) Legal permission for reprinting in newspapers and periodicals. This statutory permission must meet the following conditions: first, the works being reprinted and excerpted are published in newspapers and periodicals; secondly, the entities that can be reprinted and excerpted are also newspapers and periodicals. Statutory permission does not apply to use in other media such as publishing houses. It is worth noting that the copyright owner has the right to issue a statement prohibiting reprinting or excerpting, not the newspaper or periodical in which the work is published. In practice, many newspapers and magazines often claim that "works published by this journal may not be reproduced or excerpted without the consent of this journal." Such statements must be authorized by the copyright owner to be valid.
(3) Legal permission to produce sound recordings. This statutory license must meet the following conditions: First, the musical work being used is a musical work that has been legally recorded as a sound recording by others. If the previous recording was illegal, i.e. made into a phonogram without the permission of the copyright owner, the musicalProducts cannot be subject to legal permission. Secondly, if a sound producer uses a musical work that has been legally recorded as a phonogram by others to make a phonogram, he must record it independently. He cannot copy phonograms that have been previously recorded by others.
(4) Legal permission to play published works. This statutory license must meet the following conditions: first, the subject of the broadcast is a radio station or a television station; second, the content to be broadcast is published sound recordings and published works, but does not include film works and video recordings. Statutory licenses of copyright apply to restrictions on the rights of publishers, performers, producers of sound and video recordings, radio and television stations.
Relevant legal provisions
my country's Copyright Law Paragraph 2 of Article 33 stipulates: "After the work is published, other newspapers and periodicals may reprint it, except where the copyright owner declares that it shall not be reproduced or excerpted. Or it may be published as an abstract or information, but remuneration shall be paid to the copyright owner in accordance with regulations."
Article 40, paragraph 3, of my country's Copyright Law stipulates: "A sound recording producer does not need to obtain rights when using a musical work that has been legally recorded as a sound recording by others to make a sound recording. The copyright owner has given permission, but remuneration shall be paid to him or her in accordance with regulations; any use declared by the copyright owner as prohibited shall not be used."
Article 43, paragraph 2, of my country's Copyright Law It stipulates: "Radio stations and television stations may play other people's published works without the permission of the copyright owner, but they must pay remuneration." Article 44 of my country's Copyright Law stipulates: "Radio stations and television stations may play published sound recordings. Without the permission of the copyright owner, remuneration must be paid, unless otherwise agreed by the parties. The specific measures shall be stipulated by the State Council."
The above are several types clearly stipulated by law. The specific circumstances are worthy of reference by the parties involved. There are many legal issues worth learning about in copyright protection. Because of its professional nature, many people will encounter great difficulties in defining infringements. At this time, they need the help of professionals. Legal Savior Network also provides online lawyer consultation services, and you are welcome to make legal consultations.
No comments yet. Say something...