Is permission required to copy a work for personal study or research purposes?

By Hoa Nguyen

26/11/2024

Copying a work for personal study and research purposes is generally considered an exception and does not require permission from the copyright owner, provided that the copying does not violate copyright regulations and is not for commercial purposes. However, this may vary depending on the laws of each country. Understanding legal regulations helps students and researchers use materials legally and respect copyright.

Do I need permission to copy a work for personal study or research purposes?

According to Clause 6, Article 1 Intellectual Property Law amended 2009, amended by Clause 7, Article 1 of the Intellectual Property Law amended 2022 (Effective from January 1, 2023) stipulates the following exceptional cases that do not infringe copyright:

1. Cases of using published works that do not require permission or pay royalties but must provide information about the author's name and the origin of the work include:

a) Copy a copy for personal scientific research or study and not for commercial purposes. This provision does not apply in the case of copying using a copying device;

b) Reasonably copy part of the work using copying equipment for scientific research or personal study and not for commercial purposes;

c) Reasonably use the work for illustration in lectures, publications, performances, audio and video recordings, and broadcasts for teaching purposes. This use may include distribution on an internal computer network provided that technical measures are in place to ensure that only learners and instructors in that class session have access to this work;

d) Using works in public service activities of state agencies;

d) Reasonably quote the work without distorting the author's intention to comment, introduce or illustrate in your work; for writing articles, for use in periodicals, in broadcast programs, and documentaries;

e) Using works in library activities for non-commercial purposes, including copying works stored in the library for preservation, provided that this copy must be marked as an archival copy and limited Limit access according to provisions of law on libraries and archives; Reasonably copy part of the work using copying equipment for others to serve research and study; copy or transmit works stored for inter-library use via computer networks, provided that the number of readers at the same time does not exceed the number of copies of the work issued by the said libraries hold, except as authorized by the rights owner and does not apply in cases where the work has been made available on the market in digital form;

g) Performing works of theater, music, dance and other types of artistic performances in cultural events and propaganda activities for non-commercial purposes;

h) Taking photos or broadcasting works of fine arts, architecture, photography, or applied arts displayed in public places to introduce images of that work, not for commercial purposes;

i) Importing copies of other people's works for personal, non-commercial use;

k) Copying by republishing in newspapers, periodicals, broadcasting or other forms of communication to the public lectures, speeches, or other talks presented to the public within an appropriate scope for current information purposes, unless the author claims copyright;

l) Taking photos, recording audio, video recording, broadcasting an event for the purpose of news reporting, including using works heard or seen during that event;

m) People with visual disabilities, people with disabilities who cannot read print, and other people with disabilities who cannot access works to read in the usual way (hereinafter referred to as people with disabilities), caregivers, care for people with disabilities, organizations that meet the conditions prescribed by the Government use works as prescribed in Article 25a of this Law.

2. The use of the work specified in Clause 1 of this Article must not conflict with the normal exploitation of the work and must not cause unreasonable damage to the legitimate interests of the author or copyright owner. fake.

3. Copying specified in Clause 1 of this Article does not apply to architectural works, works of art, and computer programs; making anthologies and anthologies of works.

Accordingly, copy a copy yourself for scientific research and personal study; or reasonably copy part of the work using copying equipment for scientific research, personal study and not for commercial purposes in the case of using published works without permission or payment. Royalties but must provide information about the author's name and the origin of the work.

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