Legal basis: Under any of the following circumstances, Article 22 of the Copyright Law may use a work without permission and without payment to the copyright owner, but the author's name and the title of the work shall be clearly stated, and other rights enjoyed by the copyright owner according to this Law shall not be infringed: (1) To study, study or enjoy the use of other people's published works for individuals; (2) appropriately quoting published works of others in works for the purpose of introducing and commenting on works or explaining problems; (3) inevitably copying and quoting published works in newspapers, periodicals, radio stations, television stations and other media in order to report current news; (4) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast current affairs articles on political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, television stations and other media, unless the author declares that they are not allowed to publish or broadcast; (5) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast speeches delivered at public meetings, unless the author declares that they are not allowed to publish or broadcast; (6) Translating or reproducing a few published works for classroom teaching or scientific research in schools for use by teaching or scientific researchers, but not publishing them; (seven) the use of published works by state organs within the reasonable scope of performing official duties; (eight) libraries, archives, memorial halls, museums, art galleries, etc., in order to display or save the version, copy the works collected by the library; (9) Performing published works for free, without charging fees to the public or paying remuneration to the performers; (ten) copying, painting, photography and video recording of works of art set up or displayed in outdoor public places; (eleven) China citizens, legal persons or other organizations written in Chinese and published in China; (12) Published works are published in Braille. The provisions of the preceding paragraph shall apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations and television stations.
Will the application of templates infringe? Legal analysis: the application of template will not infringe. But as long as you use someone else's template, it has already caused infringement. If a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, it shall be settled by the parties through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court within 15 days from the date of receiving the notice of handling.
Legal basis: Article 60 of the Patent Law of People's Republic of China (PRC) * * * The patent administration department in the State Council shall promptly notify the patentee of the decision to grant a compulsory license, and register and announce it.
The decision to grant compulsory license shall stipulate the scope and time of implementation according to the reasons for compulsory license. When the reasons for compulsory license are eliminated and no longer exist, the administrative department for patent in the State Council shall, at the request of the patentee, make a decision to terminate the compulsory license after examination. Is the use of templates for posters infringing? Whether using the same material is infringement depends on the specific situation. If the material is protected by copyright law and used without the consent of the copyright owner, it will constitute infringement. Legal basis: Article 47 of the Copyright Law of People's Republic of China (PRC) commits one of the following infringements, and shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for the losses according to the circumstances: (1) publishing his works without the permission of the copyright owner; (2) publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author; (three) did not participate in the creation, in order to seek personal fame and fortune, signed other people's works; (4) distorting or tampering with other people's works; (5) Plagiarizing other people's works; (6) Using a work by means of exhibition, filming or adaptation, translation or annotation without the permission of the copyright owner. Unless otherwise provided for in this law; (seven) the use of another person's work, which should be paid but not paid; (8) Renting works or audio-visual products without the permission of the copyright owner or copyright-related obligee of film works and works created by similar film production methods, computer software and audio-visual products, except as otherwise provided by this Law; (9) Using the layout design of books and periodicals published by publishers without their permission; (10) Live broadcast or public dissemination of a live performance or recording of a performance without the permission of the performer; (eleven) other acts of infringement of copyright and copyright-related rights and interests.