Traditional Culture Encyclopedia - Photography major - Do you sell infringement yourself?
Do you sell infringement yourself?
Article 22 of the Copyright Law Under the following circumstances, a work may be used without permission and without payment to the copyright owner, but the name of the author and the title of the work shall be indicated, and other rights enjoyed by the copyright owner according to this Law shall not be infringed: 1. Use published works of others for personal study, research or appreciation;
2. In order to introduce and comment on a work or explain a problem, appropriately quote the published works of others in the work;
3. In order to report current news, it is inevitable to reprint or quote published works in newspapers, periodicals, radio stations, television stations and other media;
4. Newspapers, periodicals, radio stations, television stations and other media publish or broadcast current affairs articles involving political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, television stations and other media, unless the author declares that they are not allowed to publish or broadcast;
5. Newspapers, periodicals, radio stations, television stations and other media publish or broadcast speeches delivered at public meetings, unless the author declares that publication and broadcasting are not allowed;
6. Translate or copy a small number of published works for classroom teaching or scientific research in schools for use by teaching or scientific researchers, but they shall not be published publicly;
7. State organs use published works within the reasonable scope of performing official duties;
8. Libraries, archives, memorial halls, museums, art galleries, etc. Show or save the version and copy the works collected by the library;
9. Performing published works for free, without charging fees to the public or paying remuneration to the performers;
10. Copying, painting, photographing and video recording works of art set up or displayed in outdoor public places;
1 1. Translate the published works written in Chinese by China citizens, legal persons or other organizations into works written in minority languages and publish them in China;
12. Change the published works into Braille for publication.
The provisions of the preceding paragraph shall apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations and television stations.
To sum up: if the manual is only used for personal appreciation and use, it is not infringement; if it is used for profit, it is infringement.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 165
If the actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability.
If the actor is presumed to be at fault according to the law and cannot prove that he is not at fault, he shall bear tort liability.
Article 167
If the infringement endangers the personal and property safety of others, the infringed party has the right to request the infringer to bear the tort liability such as stopping the infringement, removing the obstruction and eliminating the danger.
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