Reproduction is the right of the copyright owner to exclusively make or authorize others to make copies of a work by any means or form, including making copies in the form of electronic. Reproduction here means making one or more copies of a work or sound recording, video recording by any means or form. Photo is a form of reproduction of the author’s work. At present, it is very common to copy books, especially in universities, students usually use photo textbooks to save costs. So, according to the law, Photo text books are considered copyright infringement? In this article, Viet An Law will help you answer this question.
Intellectual Property Law 2005, as amended and supplemented in 2009, 2019, 2022.
According to Clause 1, Article 25 of the Intellectual Property Law, the use cases of published works without asking for permission, without paying royalties and remunerations include:
According to the above provisions, the reproduction of a work only requires no permission and does not have to pay royalties and honorarium when ” self-reproducing a copy for scientific research, personal study and not for commercial purposes” provided that copying without the use of a copying device (copy machine) and ” Reasonably copying part of a work by a copying device for personal research and study and not for commercial purposes”.
Therefore, photocopying textbooks for scientific research, personal study or storing in libraries for research purposes is not considered copyright infringement. Other cases that do not fall into these cases will have to obtain permission and pay copyright fee and remuneration to the author or owner of the work. Failure to obtain permission and pay royalties and remuneration to the author or owner of the work will infringe copyright.
The condition for using the work in these cases is that the user must provide information about the author’s name and the origin and origin of the work, such as a reasonable citation of the work when mentioned in another work of the author. me.
Personal use in accordance with the law is being understood as equivalent to the phrase “non-commercial purposes”, which means that in cases where the purpose of use is determined to be for profit such as rental, users users will not be entitled to this non-intrusive exception. This regulation still has some disadvantages when it has not prevented common use cases, borrowed to copy or even cloned in large quantities but not for profit. Therefore, this practice of copying still takes place and reduces the value of the work containing copyright on the market, causing damage to the author and the copyright owner.
Viet An Law Firm is a reputable intellectual property representative organization on intellectual property legal advice. If you have any related questions, please contact Viet An Law Firm for the fastest support.
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