second, whether the radio and television programs use music works from Europe, America or Japan and South Korea is authorized and paid, this is only clear to the organization. However, judging from the hidden rules of the current industry, some of them are not authorized, which is why music works from Europe, America, Japan and South Korea are broadcast instead of Chinese works. Japan, South Korea, Europe and the United States go to China for litigation.
third, authorization is a kind of agreement, as long as the obligee is willing to authorize you.
In addition, you can pay attention to the following contents:
Fair use refers to the act that the user can use the copyright owner's work without the permission of the copyright owner and without paying remuneration to him, but should indicate the name of the copyright owner and the name of the work without infringing the legal rights enjoyed by the copyright owner according to law, which is permitted by law.
Legal license refers to the act that the user uses the copyright owner without permission, indicating the name of the copyright owner and the name of the work, unless the copyright owner declares that it is not allowed to use it. This act of use is permitted by law.
The difference between them is that fair use does not need to pay remuneration, but legal permission must; Fair use does not need to be carried out on the premise that the copyright owner has not declared that it is not allowed to use, but the legal license must be.
The concepts of fair use and legal license have been used in the theoretical circle during the implementation of the copyright law in the past 9 years. The promulgation and implementation of the new copyright law has changed the provisions of the original copyright law on fair use and legal license scope. It is summarized as follows:
Fair use:
Article 22: Under the following circumstances, a work may be used without the permission of 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) Using a published work of others for personal study, research or appreciation;
(2) appropriately quoting other people's published works in order to introduce and comment on a work or explain a problem;
(3) In order to report current news, it is inevitable to reproduce 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 articles on 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 publication and broadcasting are not allowed;
(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) to translate or copy a few published works for classroom teaching or scientific research in schools for the use of teaching or scientific research personnel, but not for publication and distribution;
(7) State organs use published works within a reasonable range for the purpose of performing official duties;
(8) libraries, archives, memorial halls, museums, art galleries, etc. reproduce the works collected by the library for the purpose of displaying or preserving editions;
(9) Performing a published work for free, without charging fees to the public or paying remuneration to the performers;
(1) Copying, painting, photographing and video recording works of art set up or displayed in outdoor public places;
(11) translating the published works written in Chinese by China citizens, legal persons or other organizations into works written in minority languages and publishing 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.
Legal permission:
Article 23. Unless the author declares in advance that it is not allowed to use a textbook for the implementation of the nine-year compulsory education and the national education plan, the published fragments of works, short written works, musical works or single artistic works and photographic works may be compiled in the textbook without the permission of the copyright owner, but the remuneration shall be paid in accordance with the regulations, and the author's name and work title shall be indicated, and other rights enjoyed by the copyright owner according to this law shall not be infringed.
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.
article 32 after the publication of a work, other newspapers and periodicals may reprint it or publish it as abstracts or materials, except that the copyright owner declares that it is not allowed to reprint or extract it, but shall pay remuneration to the copyright owner in accordance with the regulations.
Article 39 A producer of a sound recording may make a sound recording by using a musical work that has been legally recorded as a sound recording by others, without the permission of the copyright owner, but he shall pay remuneration according to regulations; If the copyright owner declares that it is not allowed to use it, it shall not be used.
article 42 a radio station or television station may broadcast a published work of others without the permission of the copyright owner, but it shall pay remuneration.
article 43 a radio station or television station may broadcast a published sound recording without the permission of the copyright owner, but it shall pay remuneration. Unless otherwise agreed by the parties. The specific measures shall be formulated by the State Council.
In addition, Article 3 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Computer Network Copyright Disputes also provides relevant provisions on legal permission, as follows:
Article 3 If a work has been published in newspapers or spread on the Internet, the website will reprint or extract it, and pay remuneration and indicate the source according to relevant regulations, except that the copyright owner or the network service provider who uploaded the work has declared that it is not allowed to reprint or extract it. However, if the works reprinted or edited by the website exceed the scope of the works reprinted by the relevant newspapers and periodicals, it shall be deemed as infringement.