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Copyright issues regarding the use of some comic scenes or text in comic magazines

1\If you run a for-profit magazine and use other people’s works, of course you will be charged. You are not using it reasonably

2. I will give you the specific basis. Please read carefully

Fair use:

Article 22: In the following circumstances, the work may be used without the permission of the copyright owner and without payment of remuneration to the copyright owner, but the author must be named Name, title of work, and shall not infringe other rights enjoyed by the copyright holder in accordance with this law:

(1) Use other people’s published works for personal study, research or appreciation;

(2) In order to introduce or comment on a certain work or explain a certain issue, appropriately cite the published works of others in the work;

(3) To report current affairs news, in newspapers, periodicals, radio stations, Unavoidable reproduction or quotation of published works in TV stations and other media;

(4) Newspapers, periodicals, radio stations, TV stations and other media publish or broadcast other newspapers, periodicals, radio stations, TV stations and other media that have already Published current affairs articles on political, economic, and religious issues, except those where the author declares that they are not allowed to be published or broadcast;

(5) Published or broadcast in public gatherings by newspapers, periodicals, radio stations, television stations and other media Speeches published on the Internet, except those where the author declares that they are not allowed to be published or broadcast;

(6) Translating or copying a small amount of published works for school classroom teaching or scientific research, for use by teaching or scientific researchers, but No publication or distribution is allowed;

(7) State agencies may use published works within a reasonable scope for the purpose of performing official duties;

(8) Libraries, archives, memorial halls, museums, fine arts For the needs of display or preservation of editions, the museum or other institutions may copy the works collected by the museum;

(9) Perform published works for free, without charging the public for the performance or paying the performers;

(10) Copying, painting, photographing, and videotaping works of art installed or displayed in outdoor public places;

(11) Copying, painting, photographing, or videotaping works of art that are installed or displayed in outdoor public places; Works written in Chinese language and written by other organizations that have been published are translated into minority languages ????and published and distributed domestically;

(12) Convert already published works into Braille for publication.

The provisions of the preceding paragraph shall apply to restrictions on the rights of publishers, performers, audio and video producers, radio stations, and television stations.

Statutory permission:

Article 23 Textbooks compiled and published for the purpose of implementing the nine-year compulsory education and the national education plan may be published without prior permission unless the author declares in advance that they are not allowed to be used. With the permission of the copyright owner, fragments of published works, short written works, musical works, or single-frame works of art or photographic works can be compiled in textbooks, but remuneration must be paid in accordance with regulations, the name of the author and the title of the work must be specified, and the copyright owner must not be infringed. Other rights under this law.

The provisions of the preceding paragraph shall apply to restrictions on the rights of publishers, performers, audio and video producers, radio stations, and television stations.

After the work is published, other newspapers and periodicals may reprint it or publish it as abstracts or materials, except where the copyright owner declares that it shall not be reproduced or excerpted, but remuneration shall be paid to the copyright owner in accordance with regulations.

Article 39: A sound recording producer may use musical works that have been legally recorded as sound recordings by others to make sound recordings without the permission of the copyright owner, but must pay remuneration in accordance with regulations; if the copyright owner declares that the use is not allowed Not allowed to be used.

Article 42 Radio and television stations may broadcast other people’s published works without the permission of the copyright owner, but remuneration must be paid.

Article 43 Radio stations and television stations may play published sound recordings without the permission of the copyright owner, but remuneration must be paid. Unless otherwise agreed by the parties. Specific measures shall be prescribed by the State Council.

In addition, Article 3 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Computer Network Copyright Disputes" also provides relevant provisions on statutory licensing, as follows:

Article 3 For works that have been published in newspapers or circulated on the Internet, unless the copyright owner declares or the network service provider uploading the work declares on behalf of the copyright owner that it shall not be reproduced or excerpted, the website shall reprint or excerpt the work in accordance with relevant regulations. If remuneration is paid and the source is indicated, it does not constitute infringement. However, if the work reprinted or excerpted by the website exceeds the scope of the work reprinted by the relevant newspapers and periodicals, it shall be deemed as infringement.