What are the circumstances of fair use of copyright?


Release Time:

2022-09-11

A: In the following cases, a work may be used without the permission of the copyright owner or without payment of remuneration to the copyright owner, provided that the name or title of the author and the title of the work shall be specified, and the normal use of the work shall not be affected, and the legitimate rights and interests of the copyright owner must be reasonably impaired:

(1) Use of published works of others for personal study, research or enjoyment;

(2) In order to introduce, comment on a work or explain a certain issue, appropriate quotation in the work has been published by others;

(3) unavoidably reproducing or quoting a published work in newspapers, periodicals, radio stations, television stations and other media for the purpose of reporting news;

(4) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast current articles on political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, television stations and other media, except where the copyright owner has declared that the publication or broadcast is not permitted;

(5) Publication or broadcast by newspapers, periodicals, radio stations, television stations and other media of a speech delivered at a public meeting, except where the author declares that publication or broadcast is not permitted;

(6) To translate, adapt, compile, broadcast or reproduce in a small amount a published work for the purpose of classroom teaching or scientific research in schools for the use of teaching or scientific research personnel, but not to publish or distribute it;

(7) The use of a published work by a state organ within a reasonable scope for the performance of its official duties;

(8) Libraries, archives, memorial halls, museums, art galleries, cultural centers, etc., reproduce works in their collections for the purpose of displaying or preserving editions;

(9) Free performance of a published work, which does not charge fees to the public, does not pay remuneration to the performers and is not for profit;

(10) Copying, drawing, photographing or videotaping artistic works installed or displayed in public places;

(11) To translate published works created in the spoken or written languages of the State by Chinese citizens, legal persons or organizations without legal personality into the spoken or written languages of ethnic minorities for publication and distribution in the country;

(12) Make published works accessible to persons with reading disabilities in an accessible manner;

(13) Other circumstances provided for by laws and administrative regulations.

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

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