The scope of fair use stipulated in the copyright law is:
(a) for personal study, research or appreciation of the use of other people's published works;
(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.
Secondly, from the perspective of the elements of rational use:
1. The purpose of rational use should be non-profit, but if it is for public welfare, it can also be profitable. For the nature of the work itself, it is also necessary to classify it;
2. For fair use or not, in order to accurately apply the law, there should be two ways to judge the relevant factors by using the original works, namely, extracting and copying the works;
3. To judge whether the alleged infringing work has caused adverse effects and substantial damage to the use of the original work, we can examine whether it constitutes fair use from the reputation influence and market economic loss of the work.
Then, based on the above two points, the answer is as follows:
1. I'm a reading lover, a storyteller or something. I read copyrighted works and spread them out. For non-profit purposes, can people ask me for copyright fees? If the author himself does not pursue it, can the publishing house pursue it?
Strictly speaking, this practice should first obtain the consent of the copyright owner; For example, several netizens replied that non-profit purpose is not a sufficient condition for direct and reasonable use, but one of the necessary conditions. The fair use cases listed in 12 are all unprofitable.
However, even without the author's consent, the above acts are not infringement. Amazon's website used to have a text-to-speech reading system. Although it was once controversial, it is still accepted internationally because of its loyalty to the original work. Your situation is not only non-profit, but also out of hobbies and learning. Does not constitute infringement, and does not need to pay copyright fees.
The rights of publishing houses can be part or all of copyright, but they will never exceed the rights of authors, not to mention the provisions of copyright law. Therefore, you don't have to worry too much.
2. If I can't contact the author, I will adapt a published reportage into the form of storytelling, perform and record it, and spread it among storytelling lovers. What will happen?
Your supplementary question belongs to the interpretation of the original work, which is based on another work, but it is not an accurate verbatim copy. If a deductive work does not claim copyright, but only performs for free out of hobby, it belongs to the fair use situation of "performing a published work for free, and performing without charging the public or paying remuneration to the performer".
Nor does it constitute infringement.
Generally speaking, the copyright of citizens' works (the right to publish, the right to use and the right to receive remuneration) is protected to1February 3 1 day 50 years after the author's death. (Chinese mainland and Hongkong are both; Other countries and regions may be different)
therefore
A dream of red mansions won't, because Cao Xueqin has been dead for a long time.
"Qin Xun Ji" will, because Huang Yi seems to be still alive ...
Making and distributing copies of special editions (such as electronic editions, sound recordings, etc.). ) even without the consent of the copyright owner, not paying remuneration to the copyright owner and profiting from it constitute infringement. Depending on the circumstances, the person or organization concerned may have to bear certain civil and criminal legal liabilities.
But generally speaking, the education sector, public institutions and people with dyslexia have certain copyright exemptions.
As far as the reading version of this book is concerned.
1. People with dyslexia can (please) make copies of special versions of copyrighted works (such as Braille, large fonts, recorded forms, etc.). ) for your own use when it is determined through reasonable investigation that it is impossible to obtain a special version at a reasonable commercial price.
2. Designated organizations such as educational institutions (public schools and other non-profit schools) and public welfare institutions (public libraries and welfare institutions) may also make special versions for people with dyslexia when it is determined through reasonable investigation that they cannot obtain special versions of copyrighted works at reasonable commercial prices. The copyright owner shall be notified within a reasonable time before or after making or providing special versions to people with dyslexia.
These organizations may charge a fee for special versions of copyright copies, but it shall not exceed the actual cost of making and providing copies. Otherwise, the copy will become an infringement copy, and the relevant institutions may have to attach corresponding civil and criminal legal responsibilities.
To sum up, it is suggested that:
1, properly grasp the scale, try to ensure that it is not for profit, and insist on free;
2, out of hobbies, internal communication, and in the hobby group, there is a certain degree of publicity, and the purity of this nature should be guaranteed;
3. If further dissemination is needed, the author's consent should be obtained as far as possible;
4. Adapting into a storytelling is a deduction of the original work. You can negotiate with the original copyright owner, get consent, pay a certain amount of remuneration, and obtain the copyright of the deductive work to better protect your rights and interests.