Traditional Culture Encyclopedia - Photography and portraiture - What are the scope of fair use stipulated in the copyright law?

What are the scope of fair use stipulated in the copyright law?

Legal analysis: Fair use of copyright refers to the use of other people's published works without the consent of the copyright owner, but the author's name and the name of the work should be clearly stated, and other rights of the copyright owner should not be infringed. Reasonable scope of application includes: studying, researching or appreciating the published works of others for individuals; In order to introduce, comment on a work or explain a problem, appropriately quote other people's published works in the work; In order to report news, it is inevitable to reprint or quote published works in newspapers, periodicals, radio stations, television stations and other media; Newspapers, periodicals, radio stations, television stations and other media publish or broadcast current affairs articles related to political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, television stations and other media, unless the copyright owner declares that they are not allowed to publish or broadcast; Newspapers, periodicals, radio stations, television stations and other media publish or broadcast speeches delivered at public meetings, unless the author declares that they are not allowed to publish or broadcast; Translating, adapting, compiling, playing or reproducing a small number of published works for classroom teaching or scientific research in schools for use by teaching or scientific researchers, but not for publication and distribution; State organs use published works within the reasonable scope of performing official duties; Libraries, archives, memorial halls, museums, art galleries, cultural centers, etc. Reproduce the works collected by the library for the purpose of displaying or saving the version; Performing published works for free, without charging fees to the public, without paying remuneration to performers, and not for profit; Copying, painting, photographing and video recording works of art set up or displayed in public places; Translating the works published by China citizens, legal persons or unincorporated organizations in the national common language into works written in minority languages for publication and distribution in China; Providing published works to people with dyslexia in a barrier-free way that they can perceive; Other circumstances stipulated by laws and administrative regulations.

Legal basis: Article 24 of the Copyright Law of People's Republic of China (PRC) may use a work without permission and without payment to the copyright owner under the following circumstances, but the name of the author and the name of the work shall be indicated, which shall not affect the normal use of the work or unreasonably damage the legitimate rights and interests of the copyright owner:

(a) for personal study, research or appreciation of the use of other people's published works;

(2) appropriately quoting published works of others in works for the purpose of introducing and commenting on works or explaining problems;

(3) Inevitably reprinting or quoting published works in newspapers, periodicals, radio stations, television stations and other media in order to report news;

(4) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast current affairs articles related to political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, television stations and other media, unless the copyright owner 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 they are not allowed to publish or broadcast;

(6) Translating, adapting, editing, playing or reproducing a few published works for classroom teaching or scientific research in schools, but not for publication and distribution;

(seven) the use of published works by state organs within the reasonable scope of performing official duties;

(eight) libraries, archives, memorial halls, museums, art galleries, cultural centers, etc., in order to display or save the version, copy the works collected by the library;

(9) Performing published works for free, without charging fees to the public, without paying remuneration to the performers, and not for profit;

(10) Copying, painting, photographing and video recording works of art set up or displayed in public places;

(eleven) to translate the works published by China citizens, legal persons or unincorporated organizations in the common language of the country into works written in minority languages and publish them in China;

(12) Provide published works to people with dyslexia in a barrier-free way that they can perceive;

(thirteen) other circumstances stipulated by laws and administrative regulations.

The provisions of the preceding paragraph shall apply to restrictions on copyright-related rights.