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Under what circumstances can a work be used without the consent of the copyright owner, but remuneration should be paid?
Release Time：
2022-09-11
A: Statutory license means that a published work may be used without the consent of the author or other copyright owner, provided that remuneration shall be paid to the author or other copyright owner in accordance with the provisions, and the name of the author, the title of the work and the source shall be indicated, and the other rights enjoyed by the copyright owner in accordance with the Copyright law shall not be infringed.
(1) In preparing and publishing textbooks for the purpose of implementing the nine-year compulsory education and the State educational plan, fragments of published works, short literary works, musical works, single works of fine art or photographic works may be compiled in the textbooks without the permission of the copyright owner, except where the author has stated in advance that their use is not permitted, provided that remuneration shall be paid in accordance with relevant regulations; Specify the name of the author and the title of the work, and shall not infringe other rights enjoyed by the copyright owner in accordance with the Copyright law . The provisions of the preceding paragraph shall apply to restrictions on copyright-related rights.
(2) After the publication of a work, other newspapers and periodicals may reprint it or publish it as abstracts or materials, except where the copyright owner has stated that it shall not be reproduced or edited, but shall pay remuneration to the copyright owner in accordance with relevant provisions.
(3) Where a producer of sound recordings uses a musical work that has been legally recorded as a sound recording by another person to produce a sound recording, he may do so without the permission of the copyright owner, provided that he shall pay remuneration in accordance with relevant regulations. Where the copyright owner has declared that such use is not permitted, it shall not be used.
(4) A radio station or television station that broadcasts a published work of others may do so without the permission of the copyright owner, but shall pay remuneration.
(5) A radio station or television station may broadcast a published sound recording without obtaining permission from the copyright owner, but shall pay remuneration. Except as otherwise agreed by the parties.
In addition, the Regulations on the Protection of the Right to Communication through Information Networks Network Transmission also have some provisions on statutory permission.
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