Fair use of copyright is a type of copyright restriction system. Its purpose is to prevent the abuse of the copyright owner's rights, damage to others' freedom of learning, appreciation, and creation, and hinder social science and culture. technological progress. The role played by the fair use system in preventing the abuse of copyright owners' rights is mainly reflected in the fact that fair use protects the public's creative freedom. Creative activities are a continuous process that need to be based on the wisdom of the predecessors. Without the inspiration and reference from the works of the predecessors, creation is like water without a source or a tree without soil.
About the "fair use" system of copyright
The so-called "fair use" means that others can use works protected by copyright law under specific circumstances without the permission of the copyright owner, and A system in which no remuneration is paid, but the source or provenance of the work must be indicated. The "fair use" system is a basic system in relevant international treaties and copyright laws of various countries and regions. This revision mainly makes the following adjustments:
(1) Add an open provision for "fair use" - other circumstances, and also change the third paragraph of the original draft Article 19 is incorporated into Article 42 of the new draft as the second paragraph to restrict all thirteen categories of "fair use" situations;
(2) is clearly stated as The use of other people's works for personal study and research is the copying of fragments of written works;
(3) Add that quoting other people's works shall not constitute the main or essence of the cited work. Part of the provisions;
(4) Add provisions for "information network" media in relevant situations;
(5) Add regulations on the subsequent use of results obtained after copying, painting, photography, and video recording of outdoor art works.Certainly.
Legal basis:
"Copyright" Law"
Fair use, emphasizing that the "Copyright Law" directly stipulates that others can use copyrighted works without the permission of the copyright owner, and there is no need to Remuneration should be paid, but the name of the author and the title of the work should be specified, and other rights enjoyed by the copyright owner should not be infringed. According to the provisions of the Copyright Law, the fair use of copyright is mainly reflected in:
(1) For personal study, research or appreciation, using other people’s published works ;
(2) In order to introduce or comment on a certain work or explain a certain issue, appropriately cite the published works of others in the work;
(3) In order to report current affairs news, it is inevitable to reproduce or quote published works in newspapers, periodicals, radio stations, television stations and other media;(4) Newspapers, periodicals, radio stations, TV stations and other media publish or broadcast current affairs on political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, TV stations and other media Articles, except those where the author declares that they are not allowed to be published or broadcast;
(5) Published or broadcast in newspapers, periodicals, radio stations, television and other media to be published at public gatherings speeches, except those where the author declares that they are not allowed to be published or broadcast;
(6) Translating or copying a small amount of published works for school classroom teaching or scientific research, For use by teaching or scientific research personnel, but may not be published or distributed;
(7) State agencies use published works within a reasonable scope to perform official duties;
(8) Libraries, archives, memorial halls, museums, art galleries, etc., make copies of works collected by the library for display or preservation purposes;
(9) Free performance of published works, the performance does not charge fees to the public, nor pay remuneration to the performers;(10) Copying, painting, photographing, and videotaping works of art installed or displayed in outdoor public places;
(11) Copying, painting, photographing, or videotaping works of art installed or displayed in outdoor public places;
(11) Copying, Works created in Chinese language and written by legal persons or other organizations that have been published are translated into ethnic minority languages and written works for domestic publication and distribution;
(12) Published works The above provisions also apply to the restrictions on the rights of publishers, performers, audio and video producers, radio stations and television stations.
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