"Take the picture that did not obtain copyright authorization, statement obtains copyright authorization, to other collection the license uses fee, is this con? Is this con??
This is a vision probably (China) culture develops Inc. (the following abbreviation " visual China " ) what license of copyright of the picture before this exists in operation of accredit business mode is the biggest " black hole " .
Accordingly, in short be less than a day of time in, visual China was experienced " each doubt, external excuse, superintend talk about, close a station actively, start rectify and reform, superintend garrison and the stock falls stop... " etc " switchback type " experience.
Will look at present, should meet on April 11, 2019 become visual China to grow history in most " a miserable day " .
Still be enmeshed in that day afternoon " went up small gain heats up search " in be pleased with oneself, active in the evening excuse, superintend talk about and shut a website, lie between what the day received board of inquiry again to garrison, in addition, also encounter investor in capital market " poll with the foot " , stock lot falls stop.
In fact, this visual China cause that causes all circles attention and heat to discuss is, its waited for special picture remarks to obtain copyright license to black hole, ensign, national emblem inside the system, and its when a few staff members are accepting an user or media is interviewed, still admit to use this kind of picture on its platform, need pays fixed fee.
But the germ of the problem, still be protected in picture copyright actually and reasonable how does used border decide, and why planting below case, the user used the picture of visual China to need to pay the issue of charge.
Picture copyright: Type of form set prescription is different, may make multiple configuration work
According to " copyright law " regulation, it is a piece of picture likewise, the kind that forms according to the picture is different, may make different work. Include photography work, art work or graphical work to wait.
According to " copyright law carries out byelaw " regulation, alleged photography work, it is to show appliance of have the aid of is in the work of art that sensitive data records external object image on other perhaps medium; Alleged art work, it is to point to painterly, calligraphy, sculpture to wait for what with line, colour other perhaps way forms to have the plastic arts work with the stereo perhaps plane of aesthetic meaning; Alleged figure work, it is to show the project blueprint that is scale of construction, production, products plan pursues, and principle of thing of reflective geography phenomenon, specification or the work such as structural map, sketch map.
Say simply, the photograph with hep public belongs to photography work, and multiform brushwork belongs to art work, similar introduction the principle of some kind of mechanism or system or structural sketch map belong to graphical work.
And regression goes to visual China this specific type picture that causes all circles attention, for instance ensign, national emblem or black hole picture.
To ensign, national emblem, its design is adopt a design and come, can return from work angle for art work, but according to " ensign law " and " national emblem law " regulation, the use of ensign national emblem and its design is having strict limitative requirement and situation.
For instance, basis " national emblem law " regulation, must not be national emblem and its design used at: ? Does ┤ of of ǘ of bluff of Gui of Qiao of ⒐ of cease of paralysis of ㄒ bluff ┥ stick some law of I Wan does benefit of of ┕ of model of ㄋ of bluff of of Tuan of wholesale of Lan of raise of dumpling of ┧ of of ㄈ of bluff of gem merchant boundless and indistinct call of mildew of A Chinese-style unlined garment of bad Meng of ú of Suo of Zhan to occupy eight Xie and teach?
Can see, the use of ensign, national emblem and its design has a lot of legal to limit a demand, must not be being used at commercial purpose is among them one of the most significant limitation demands.
According to " copyright law carries out byelaw " regulation, work is to point to to be had inside literature, art and scientific domain Promethean the intellective achievement that can duplicate with some kind of visible form.
Accordingly, do not have the Promethean picture that contains ensign, national emblem or its design, do not satisfy the requirement of the work on copyright law meaning, form substantive work very hard again.
Accordingly, the orgnaization such as similar vision China, to also must not not answering at this kind of picture statement obtains copyright authorization, also must not not answer with " copyright is permitted or the license is used " name again to other alone collection charge.
Copyright border: Sound use system, it is the exceptional provision that protects to work
According to " copyright law " regulation, the author enjoys some copyright, basically include " (one) express advantageous position, (2) sign authority, (3) modification authority, (4) protective work is complete authority, (5) duplicate authority, (6) issue right, (7) rental authority, (8) the exhibition counterpoises, (9) the performance counterpoises, (10) show power, (11) broadcast counterpoises, (12) website sth resembling a net transmits power, (13) produce a film counterpoises, (14) reorganize advantageous position, (15) the interpreter counterpoises, (16) collection counterpoises, (seventeen) the other right that ought to enjoy by copyright person. (seventeen) the other right that ought to enjoy by copyright person..
Among them, (5) to (seventeen) formulary right, copyright person can permit other exercise, perhaps also can make over partly entirely, and accordingly according to agrees or this law wins pay about the regulation.
Accordingly, the copyright authorization that the orgnaization such as similar vision China may obtain or cession part, also be confined to pair of specific work " duplicate authority, distribute authority, rental authority, exhibition authority, show authority, show authority, broadcast authority, website sth resembling a net to transmit power of authority, produce a film, adapt authority, interpreter right of etc of authority, collection authority ought to be enjoyed by copyright person.
Although, " copyright law " gifted author a lot of rights, but, be created to encourage work and travel, stimulative industry condition flourishs, " copyright law " the work copyright that also enjoys to the author below specific situation undertook limitative, built " sound use system " , fall in specific use situation namely, need not obtain author authorization surely, need not pay reward, but name of demonstrate author full name, work, other work can be used inside narrow range.
According to " copyright law " the 22nd regulation, work is used below following case, 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: (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.
Avoid thunder guideline: Individual study, research or use to show specific issue
On April 11, 2019, visual China encounters each " anger rancor " , eliminate exposed his to whether have copyright to certain picture, itself of obligee authorization act is lawful, put in a lot of management " black hole " outside, before also highlighting this, its are popularized in business stay in the process many " bad name " .
For instance, some expresses from media, ever was forced to reach permissive collaboration with visual China, pay ten yuan, again for instance, a lot of units that include a college to wait inside, the likelihood has received visual China name to be " collaboration is invited case about " , solid for " tort informs case " written announcement.
Can see, visual China the key of the focusing before this basically is of all kinds enterprise or business unit or orgnaization, investigate its reason depends on, the individual is in similar partial picture is used in small gain, small letter or article, may make copyright law sense " reasonable use " , and the orgnaization will surely be not formed possibly.
Sincere before be like, narrate, according to " copyright law " regulation, "It is individual study, research to perhaps be admired, the work that use other has published; " , " 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 " belong to reasonable use category.
Accordingly, a lot of from media, especially individual from media, its are when compose article, especially a few implied meanings that have comment quality, be based on " demonstrative some problem " and cite appropriately when other picture work, the obligation of its burden basically is " name of demonstrate author full name, work " .
If do not know author full name or work name really, can be in when receiving obligee to inform, give remarks explains, or obtain obligee to forgive.
Of course, to a few orgnaizations model from media for, if not be normal news orgnaization, they are not belonged to really " reasonable use " in the category.
On one hand, be necessary to reach the collaboration of normalization with normal picture company really, the likelihood in solving battalion of already of look forward to puts the picture tort issue that be in.
But, this kind of collaboration is reached also should be bilateral equality negotiates reached cooperation, the orgnaization such as China of vision of and rather than is onefold offer wrap year of cost program to wait.
On the other hand, also be necessary from legislation or the point of view that make an explanation, it is to enterprise or orgnaization main body when picture of use other of article, small gain or commerciality of small letter Central Africa, whether be necessary to bring into reasonable use category to give discuss or think.
In addition, to similar the content that has commerce to spread character waits in advertisement, placard, use other enjoys the picture of copyright, relevant enterprise or business the unit should obtain author authorization and pay pay to also should become social consensus.
Be worth what carry is, wait for the problem that orgnaization of picture copyright operation exists to similar vision China, need to be analysed deeply, also need them to be rectified and reform seriously.
But, what these orgnaization oneself make is wrong, can not deny our country to reinforce the strength of each intellectual property that protects copyright inside and determination, a few more ineffaceable also the effort that normal orgnaization allows working place to make to drive picture copyright.
