Use of published works: Copyright regulations 2023 | iGuide

Cases of using published works without permission

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Cases of using published works do not require permission but must pay royalties, must provide information about the author's name and origin of the work from 2023

This article will analyze cases of using published works without permission but still having to pay royalties, and at the same time having to provide information about the author's name and origin of the work from 2023. These regulations aim to protect the rights of authors and ensure fairness in the use of works.

In addition to the provisions on cases of using published works without permission or paying royalties, the law also stipulates that information about the author's name and the origin and source of the work must be provided as above in Clause 7, Article 1 of the 2022 amended Law on Intellectual Property (also stipulates cases of using published works without permission but paying royalties, and information about the author's name and the origin and source of the work from 2023, including:

- Broadcasting organizations that use published works or works that have been permitted by the copyright owner to be fixed on audio or video recordings for commercial purposes for broadcasting with sponsorship, advertising or collecting money in any form do not have to ask for permission but must pay royalties to the copyright owner from the time of use. The amount of royalties and payment method shall be agreed upon by the parties; in case no agreement is reached, the Government's regulations shall apply.

Broadcasting organizations that use published works or works that have been permitted by copyright owners to be fixed on audio or video recordings for commercial purposes to broadcast without sponsorship, advertising or without collecting money in any form are not required to ask for permission but must pay royalties to the copyright owner from the time of use according to Government regulations;

- In case the copyright owner has permitted the work to be fixed on a sound or video recording for commercial purposes, the organization or individual using the sound or video recording in business or commercial activities does not have to ask for permission but must pay royalties to the copyright owner of the work according to the agreement from the time of use; in case no agreement is reached, the Government's regulations shall apply. The Government shall detail the business and commercial activities specified in this point.