Clubs · Dec 18, 2024 · 3 min read
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Clubs · Dec 18, 2024 · 3 min read
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This article will explain the cases in which users of works do not need to ask permission from the author and do not have to pay royalties. These regulations help users better understand their rights and obligations when using published works, and at the same time protect the rights of authors in specific cases.
Stipulated in Article 25 of the 2005 Intellectual Property Law, amended and supplemented in 2009 and 2019).
In cases where users copy for non-commercial research or study purposes; or in cases where organizations copy works to store in libraries for the purpose of making learning materials or using them for research purposes, they do not have to ask for permission from the author or owner of the work, nor do they have to pay royalties or remuneration.
In cases where users quote a work reasonably without distorting the author's intentions; or in cases where they quote to write articles, use in periodicals, in television programs, or documentaries without distorting the author's intentions; or quote a work for teaching purposes without commercial purposes, they do not have to ask for the author's permission or pay compensation.
Performing theatrical works or other types of performances in promotional activities without charging money; or Recording or filming live performances for the purpose of reporting news or teaching; or Taking photos or broadcasting works of fine arts, architecture, photography, or applied arts displayed in public places for the purpose of introducing images of such works; or converting works into Braille for the visually impaired; or importing copies of works for private use.
In these cases, when using the work, the user does not affect the author and the work.
According to Article 26 of the 2005 Law on Intellectual Property (amended and supplemented in 2009 and 2019), broadcasting organizations using published works for broadcasting do not have to ask for permission. But they must pay royalties and remuneration to the copyright owner from the time of use. For example, dance halls, restaurants, hotels, music websites, etc. when using published works (whether sponsored, advertised or charged for use or not) do not have to ask for permission. But they must pay royalties and remuneration to the copyright owner from the time of use.
Such use must not be detrimental to the interests of the copyright owner. In the event that such use is detrimental to the interests of the copyright owner, legal sanctions such as compensation for damages and administrative sanctions may be imposed.
In the case of karaoke bars and dance clubs, they can use them without asking for permission from the author; but they need to pay royalties and remuneration to the copyright owner. For foreign songs and musical works; the Music Copyright Center will count the number of times the song is used. This center will represent the owner to collect fees from restaurants, dance clubs, etc.
Paying for copyright is to protect the rights and interests of the owner. Especially for entities such as restaurants, dance clubs, and karaoke bars, which are businesses that use musical works, paying copyright fees is reasonable.
Thus, the use of published works usually requires the author's permission and payment of copyright fees. However, in some cases, the law allows this use without the author's permission, but may or may not require payment of remuneration or royalties.
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