According to Article 45 of China's Copyright Law, fair use must meet the following four conditions:
(a) The work used must have been published;
(2) The purpose of using the work must be non-commercial purpose;
(3) Fair use shall not infringe upon other legal rights other than the property rights of the copyright owner;
(4) Reasonable use also needs to respect the personal rights of the copyright owner of the used work, and the author's name, the name of the work and the source of the work must be indicated when using the work.
Extended data:
Under the following circumstances, a work may be used without permission or payment to the copyright owner, but the name of the author and the name of the work shall be indicated, and other rights enjoyed by the copyright owner in accordance with this Law shall not be infringed:
(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.
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