1. What are the restrictions on using works that can be used without the permission of the copyright owner
1. Those who compile and publish textbooks for the purpose of implementing compulsory education and national education plans and use works without the permission of the copyright owner, but must pay remuneration to the copyright owner in accordance with regulations, specify the name of the author, and the title of the work, and must not infringe the copyright. Other rights enjoyed by persons in accordance with this law.
2. Legal basis: "Copyright Law of the People's Republic of China"
Twenty-fifth Article 1 When compiling and publishing textbooks for the purpose of implementing compulsory education and national education plans, fragments of published works, short written works, musical works, or single-frame works of art, photography, or graphic works may be compiled in the textbooks without the permission of the copyright owner. , but the remuneration shall be paid to the copyright owner 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.
The provisions of the preceding paragraph shall apply to restrictions on rights related to copyright.
2. Characteristics of copyright licensing
1. Copyright permission does not change the ownership of the copyright. Through a copyright licensing contract, what the licensee obtains is only the right to use the work in a certain manner within a certain period of time, within the agreed scope, and in a certain way. The copyright still fully belongs to the copyright owner and will not cause any rights defects. .
2. The rights of the licensee are subject to the provisions of the contract. The licensee cannot exercise rights beyond the scope of the agreement without authorization. At the same time, the licensee can only exercise the copyright in the agreed way and within the agreed area and period. At the same time, the licensee cannot arbitrarily transfer his/herThe rights enjoyed by others cannot be prohibited from being used by others, nor can the copyright owner be prohibited from licensing the same rights to others in exactly the same way, within the same territory and within the same period, unless the licensee enjoys an exclusive license and is accompanied by the right to sublicense .
3. The licensee generally cannot file a lawsuit against the infringer in his own name against a third party that infringes upon his rights, because the licensee does not own the copyright subject, unless the copyright owner permits exclusive use.
According to the provisions of the Copyright Law, those who compile and publish textbooks for the purpose of implementing compulsory education and national education plans and use the works can do so without the permission of the copyright owner, but Remuneration shall be paid to the copyright owner in accordance with regulations, and 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. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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