Introduction
rational use system in copyright: means that directly use the published work with the published copyright without reserving relevant rights, without copyright The author's license work restriction system.
1. In the case of the legitimate interests of the trademark owner and third parties, the narrative vocabulary is allowed to be reasonably used. Reasonable use, especially including:
In the case of a honest practice in accordance with the industrial and commercial industry (1) use your own name or address in good faith; (2) Treat the characteristics or attributes of the goods or services, especially Quality, use, geographic source, species, value and delivery date of goods or services. [See Narrative Use; Indicative Use]
2. Rational use refers to the disclosure of the law, and does not have to obtain the copyright owner's consent without paying the behavior of others. However, when using works, it is impossible to affect the normal use of the work, but also to harm the legitimate interests of the works.
Need to note is that it does not need to obtain the consent of the copyright owner under normal circumstances, but the newspaper, journal, radio station, television station and other media are not available in the following two cases, such as the author statement , Playback, it is not possible to use the author's work rationally use:
(1) Other newspapers, journals, radio stations, television stations have published news about political, economic, and religious issues
(2) Newspapers, journals, radio stations, television stations, etc., or play speakers published on the public rally.
Characteristics
1. Reasonable use does not have to be paid by the copyright owner license.
2. Reasonable use can only be published.
3. The reasonable use is the copy of the work, it does not affect the author's rights, that is, when used, the name, the name of the author should be indicated, and the rights of the workman shall not infringe on other rights enjoyed by the copyright owner.
Theory basis
1. Balance the author and the interests of the author, eliminating the conflict between works of works, works, and works.
2. Maintain the balance of interest on the interests of the authority, thus promoting the prosperity and cultural progress of the whole society. A publishing of a work, from a strict sense, it is the crystallization of human intelligence labor results. It is more or less the impact of the ancestors or the idea of the consequences and inspiration. Not completely the author's personal or several people's latest Creation is the inheritance, utilization and development of the former research results. Rights and obligations are always complementary. The works are not suitable for personal monopoly. The copyright owner's right is not isolated. It is closely related to social development. Therefore, copyright, according to rationality, and improperly being permanent and unlimited by copyright owners. Exclusive. Limit the right to works. Can coordinate the relationship between social interests and personal interests.
3. Meet a lot of demand for various information on various information. Big cakes in human civilization cannot allow copyright owners to enjoy.
Chinese law stipulates that in accordance with Article 24 of the "Copyright Law of the People's Republic of China" according to the third revision: Use works in the following cases, you can use works without copyright owners License, not paying it, but should indicate the author's name or name, the name of the work, and must not affect the normal use of the work, and have to rationally harm the legitimate rights and interests of the copyright:
(1) For personal learning, research or appreciation, use the works that others have published;
(b) is introduced, comment on a piece or illustrate a certain problem, in the work appropriately quote the work of others' already published; / p>
(3) is a report of news, in newspapers, journals, radio stations, television stations, etc. inevitably reproduce or quote the published works;
(4) Newspapers, journals, Broadcasting Station, TV Station and other media have published a newspaper article on politics, economic, and religious issues such as other newspapers, journals, radio stations, and television stations, but the copyright owners declare that there is no publication, except for playback;
(5) Newspapers, journals, radio stations, television stations, etc., or plays a speech published at the public rally, but the author declares that the except for playback;
(6) is the school classroom Teaching or scientific research, translation, adaptation, compilation, play or a small amount of copying has been published, for teaching or researchers, but must not be published;
(7) National agency is a reasonable range Use the published works;
(eight) library, archives, memorial halls, museums, art museums, cultural museums, etc. are the needs of the collection or save version;
(nine) Free performance has been published, the performance is not charged to the public, nor does it pay for the performer, and does not take advantage of the purpose;
(10) setting or The artwork exhibited in public places for copying, painting, photography, video;
(11) translates Chinese citizens, legal people or illegal organizations have been published in countries with national universal language text creation The ethnic language writing works are published in China;
(12) to provide a publishing work that has been published by reading obstacles;
(13) law Other situations stipulated by administrative regulations.
The preceding paragraph specifies the restrictions on rights related to copyright.
Judgment Standard
First, determine whether or not the national legislation is generally in a standard, depending on the purpose of the use of the work. The reasonable use of non-profitable requirements is due to the consideration of the principle of fairness, if the user is allowed to benefit from the works of others to enjoy the copyright of the copyright, it is of course unfair to the copyright owner.
Second, according to the nature of the use of the work, this element is judged from the angle of the work itself to determine the reasonable use, and the work of which is more likely to be reasonable. use. When analyzing this element, "legislators and judges cannot create a reasonable use of appropriate standards, but must evaluate their scope by examining all factors."
third, determined according to the extent of using the work The extent to which the work is used refers to the number and quality of the use of the entire work of the copyright.
fourth, based on the market impact on the useful work, the market impact on the useful work is considered to be a reasonable use of the most important element, as only one step in reasonable use and infringement, The judgment is reasonable or infringement, and the end of the infringement is in the result of behavior. It is reasonable to use all the behaviors that cause damage to the copyright owner, but to limit this damage within a certain range, not exceeding this range. The use should be licensed or statutory license, otherwise it is an infringement.
Limitations
rationally use, and do not exhaust all limitations. Copyright, neighboring rights as a private right, to obey the provisions and jurisprises of the constitution. Private law should be obedient from public welfare and shall not be abused. When the rights and rights conflicts, it is necessary to measure. In this case, it is also possible to restrict the exercise of copyright. Specific legal provisions should also use public sequestration clauses.