11 days afternoon, visual China website about " black hole " webpage cut screen
Xinhua net Beijing on April 12 report (reporter Lu Junyu) on April 11, because of will photograph of on human history first pieces of black hole brings into oneself graph library, the picture copyright issue of visual China causes a society for a short while extensive heat is discussed. At present incident ferments further, the many topics related to it ascend small gain quickly to heat up search.
Assistant dean of college of intellectual property of Chinese people university Professor Guo He expresses when accepting a reporter to interview, visual China turns into the resource that already brought into public domain the tool of him obtain expedience, this is a kind special the behavior that does not accord with professional morality.
So, how to use a picture correctly to just do not form tort after all?
"Use after accredit first " it is basic principle
"Above all, a piece of any pictures, no matter be to film still is of creation, wanted to make work only, get copyright law protection. Include the picture work on Internet, if was not asked for so that copyright person permits, can not use at will for certain. " Guo He says. He points out, what copyright law place protects is " work " , it is to point to literature, art and scientific domain inside, have Promethean the intellective achievement that can duplicate with some kind of visible form.
"Of course, our country law also set individual exceptional condition. " Guo He says, this basically includes two kinds of state among them, namely legal license and reasonable use.
Involve " reasonable use " the regulation basically is in copyright law the 22nd in, set 12 kinds of conditions among them " reasonable use " , work is used below these circumstances, need not permit via copyright person, do not pay reward to its, but ought to name of demonstrate author full name, work, and must not violate the other right that this law enjoys copyright person according to.
On copyright law " legal license " , it is to point to what social community need not pass copyright person to agree, below the circumstance that pays reasonable reward, according to law the regulation obtains the use license of work directly. Copyright code decided 5 kinds " legal license " case, " authority of transmission of website sth resembling a net protects byelaw " increased 2 kinds again " legal license " .
"Although belong to the legal license case that copyright uses, use person still needs to pay copyright person corresponding reward, unless this work already passed protective period, he has enjoyed copyright no longer. This is the legal license of copyright and copyright is reasonable use the mainest distinction. " Guo He tells a reporter.
Experience copyright by tort 3 kinds of channel are OK thought fors the time being
On Internet, via regular meeting happening copyright of a few pictures is encroached incident, but after encountering tort, what channel can help dimension counterpoise?
Guo He expresses to there basically are 3 kinds of medium of communications in our country: The first kind, can solve through talking things over. Can be found the orgnaization that uses him work or individual by tort object directly, ask to delete work from platform above all, coordinate a negotiation to remedy a problem again next; The 2nd kind looks for complaint handling of relevant administration department namely, but administration department cannot make a decision with respect to damages; The 3rd kind, receive forensic to lodge a complaint continuously namely, forensic respect can stop tort and damages to make final ruling.
"These 3 channel are done not have when early or late, everybody can inspect a circumstance to choose to use at will. " Guo He says.
Add:
(one) perhaps admire for individual study, research, the work that use other has published;
(2) perhaps show some issue for work of some of the introduction, comment, in the work that other cites to had been published appropriately in work;
(3) to report current affairs news, the work that inevitably emersion perhaps cites to had been published;
(4) the about problem of politics, economy, religion current affairs sex that the media such as broadcasting station of newspaper, periodical, broadcast, TV station is published or broadcasts the media such as broadcasting station of other newspaper, periodical, broadcast, TV station to had been published article, but author statement must not be published, the except that broadcast;
(5) the media such as broadcasting station of newspaper, periodical, broadcast, TV station is published or broadcast the address that publishs on public assembly, but author statement must not be published, the except that broadcast;
(6) study scientificly perhaps for school classroom education, the work that translate or a few duplicating that had published, for education or the researcher is used, but must not publish;
(7) the work that national office has published to carry out official business to be used inside reasonable range;
(8) the library, archives, memorial hall, museum, art gallery need to display or save version, duplicate the work that this house collects;
(9) the work that free performance has published, this performance not to public collection charge, also did not pay reward to performer;
(10) copy, painterly, photography, kinescope undertakes in the public work of art outdoor to install or be being displayed;
(11) the creates with Chinese character character work that Chinese citizen, legal person other perhaps organization has published is translated into work of minority language character to be published in home;
(12) change the work that has published braille to publish.
The limitation of the right that section provision applies to broadcasting station of fabricant of kinescope of pair of publisher, performer, recording, broadcast, TV station before.
(1) makes compulsory education and country 9 years education plans and write publication text book to carry out, state beforehand except the author must not use outside, need not permit via copyright person, the literal work with the work small perhaps part that in schoolbook collection has published, music work or the art work of single width, photography work, but ought to pay reward according to the regulation, name of demonstrate author full name, work, and must not violate the other right that the law enjoys copyright of copyright person according to;
(Already lawful transcribe is use others of 3) recording producer the musical work of recording products makes recording product, need not permit via copyright person, but ought to pay reward according to the regulation; Must not use what copyright person statement must not use.
(4) broadcast broadcasting station, TV station broadcasts the work that other already published;
(5) broadcast broadcasting station, TV station broadcasts the recording product that has published, need not permit via copyright person, but ought to pay reward. Party has conventional except additionally.
The 8th is made to pass website sth resembling a net to carry out 9 years obligation is taught or the country teachs a program, need not permit via copyright person, the literal work with the small perhaps segment that uses its to had published work, music work or the art work of single width, photography work makes a tax, by the class that make perhaps obtain a class lawfully long-range education orgnaization passes website sth resembling a net to register a student to offer, but ought to pay reward to copyright person.
The 9th is assist poverty, offer what other perhaps organization has published Chinese citizen, legal person freely to cultivate to the public of a rural area through website sth resembling a net breed, prevent disease to treat a disease, the work that take precautions against natural calamities decreases calamity to wait to be concerned with assist poverty and the work that get used to basic culture demand, the work that the announcement before the person that network service is offerred ought to be being offerred drafts to offer and its author, standard that plans to pay reward. The sun from announcement rises 30 days inside, copyright person does not agree to offer, the person that network service is offerred must not provide its work; The sun from announcement rises full 30 days, copyright person does not have demur, the person that network service is offerred can provide its work, pay reward to copyright person according to declared standard. After the person that network service is offerred provides the work of copyright person, copyright person does not agree to offer, the person that network service is offerred ought to delete the work of copyright person instantly, pay the reward during providing work to copyright person according to declared standard.
