Statutory permission means that in accordance with the provisions of the law, published works can be used without the consent of the author or other copyright holders. It is also a restriction on copyright. When using other people's works under legal permission, remuneration should be paid to the author or other copyright holders in accordance with regulations, and the author's name, work title and source should be indicated.
"Legal permission" has the following situations:
1. Compilation and publication of textbooks for the implementation of nine-year compulsory education and the national education plan, unless the author declares in advance that no use is allowed. Fragments of published works or short written works, musical works, or single-frame art works or photographic works can be compiled in textbooks;
2. After the work is published in newspapers and periodicals, it may not be reproduced or reproduced unless otherwise stated by the copyright owner. Except for excerpts, other newspapers and periodicals may reprint or publish them as abstracts or information;
3. Except for uses stated by the copyright owner not to be allowed, the sound producer uses musical works that have been legally recorded as sound recordings by others. Sound recordings;
4. Radio stations and television stations will play other people’s published works;
5. Unless otherwise agreed by the parties, radio stations and television stations will play published sound recordings. .
It should be noted that if the copyright owner states that the use is not allowed, it will be excluded from the scope of legal use. That is, the legally permitted use is generally restricted by the copyright owner's statement. In addition, when using the work, it shall not affect the normal use of the work, nor damage the legitimate interests of the copyright owner. (See Articles 23, 32, 39, 42, and 43 of the Copyright Law)
The difference between legal permission and fair use is:
1. Fair use must be published works, and legal permission can include unpublished works;
2. Fair use does not require payment of remuneration, but legal permission is required;
3. Fair use generally refers to non-reproduction use, but statutory permission allows for publication and distribution;
4. Other differences.
I hope the above content will be helpful to you. If you have any other questions, please consult a professional lawyer.
Legal basis: Article 11 of the "Patent Law" After an invention or utility model patent right is granted, except as otherwise provided in this law, no unit or individual may, without the permission of the patentee, To implement its patent, that is, it shall not manufacture, use, offer for sale, sell, or import its patented products for production and business purposes, or use its patented method, or use, offer for sale, sell, or import products directly obtained according to the patented method. After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, offer for sale, sell, or import its design patented products for production and business purposes.