Scope of use legally permitted by copyright

The songs you usually listen to, the books you read, or some articles actually belong to the Copyright owner. The content must be obtained through legal channels to avoid infringement. So what is the scope of use of this copyright? Below, in order to help everyone better understand the relevant legal knowledge, the editor of Legal Savior Network has compiled the following content. I hope it will be helpful to you.

Scope of use under legal copyright permission

(1) Legal permission for textbooks

Article 23 of my country's Copyright Law stipulates: "Textbooks compiled and published for the implementation of the nine-year compulsory education and the national education plan are not allowed to be used unless the author declares in advance In addition, fragments of published works, short written works, musical works, or single-frame works of art or photographic works can be compiled in textbooks without the permission of the copyright owner. The legal permission for copyright in my country includes legal permission for textbooks and reprinting in newspapers and periodicals. Statutory permission, legal permission to make phonograms, legal permission to play published works, provided that remuneration is paid in accordance with regulations, the name of the author and the title of the work are specified, and other rights enjoyed by the copyright holder in accordance with this law are not infringed."

This legal permission must meet the following conditions: First, the purpose of use must be to prepare and publish textbooks for the implementation of nine-year compulsory education or national planning, and does not belong to the nine-year system Legal permission is not applicable to textbooks in compulsory education colleges and universities; secondly, the content used can only be limited to fragments of published works or short written works, musical works or single art works or photographic works.

(2) Legal permission for reprinting in newspapers and periodicals

Article 33 of my country’s Copyright Law Paragraph 2 stipulates: "After the work is published, other newspapers and periodicals may reprint it, except where the copyright owner declares that it is not allowed to be reproduced or excerpted. Or it may be published as an abstract or information, but remuneration must be paid to the copyright owner in accordance with regulations."

This legal 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 “without the consent of this magazine, noWorks published in this journal may be reproduced and excerpted." Such statements must be authorized by the copyright owner to be valid.

(3) Legal permission to produce sound recordings

Article 40, paragraph 3, of my country's Copyright Law stipulates: "A sound recording producer who uses a musical work that has been legally recorded as a sound recording by another person to make a sound recording does not need to Obtain permission from the right holder, but remuneration must be paid to him or her in accordance with regulations; any use that the copyright holder states is not allowed shall not be used. ”

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 is illegal, that is, it is recorded as a phonogram without the permission of the copyright owner, the musical work cannot be the subject of statutory permission. Secondly, the sound producer uses the musical work that has been legally recorded as a phonogram by others to make a phonogram. , must be recorded independently, and cannot reproduce sound recordings previously recorded by others.

(4) Legal permission to play published works

Article 43, paragraph 2, of my country's Copyright Law stipulates: "Radio stations and television stations may broadcast 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, but must pay remuneration. Unless otherwise agreed by the parties. The specific measures by the State Council. ”

This statutory license must meet the following conditions: first, the subjects of the broadcast are radio stations and television stations; second, the content broadcast is published sound recordings and Published works, but excluding cinematographic works and video recordings.

Statutory licenses of copyright apply to publishers, performers, producers of sound and video recordings, broadcasters Restrictions on the rights of radio and television stations.

The above content is the relevant answer. The scope of copyright permission mainly includes permission for textbooks and permission to play published works. As well as your own recordings, newspapers and periodicals, if you do not obtain the consent of the other party, it will constitute infringement. If you have other legal issues, you can consult the relevant lawyers of the Legal Savior Network.