Các trường hợp sử dụng quyền liên quan không phải xin phép

Các trường hợp sử dụng quyền liên quan không phải xin phép. Quyền liên quan là quyền của tổ chức, cá nhân đối với cuộc biểu diễn, bản ghi âm, ghi hình, chương trình phát sóng, tín hiệu vệ tinh mang chương trình được mã hóa.

Quyền liên quan được pháp luật bảo hộ, chống lại những hành vi xâm phạm của các chủ thể khác. Tuy nhiên, để cân bằng lợi ích của tác giả/chủ sở hữu với lợi ích của cộng đồng xã hội, pháp luật có quy định một số trường hợp chủ thể khác có thể sử dụng quyền liên quan của tác giả/chủ sở hữu không làm ảnh hưởng đến việc khai thác bình thường cuộc biểu diễn, bản ghi âm, ghi hình, chương trình phát sóng và không gây phương hại đến quyền của người biểu diễn, nhà sản xuất bản ghi âm, ghi hình, tổ chức phát sóng.

Các trường hợp sử dụng quyền liên quan không phải xin phép, không phải trả tiền nhuận bút, thù lao bao gồm:

  • Tự sao chép một bản nhằm mục đích nghiên cứu khoa học của cá nhân;
  • Tự sao chép một bản nhằm mục đích giảng dạy, trừ trường hợp cuộc biểu diễn, bản ghi âm, ghi hình, chương trình phát sóng đã được công bố để giảng dạy;
  • Trích dẫn hợp lý nhằm mục đích cung cấp thông tin;
  • Tổ chức phát sóng tự làm bản sao tạm thời để phát sóng khi được hưởng quyền phát sóng.

Các trường hợp sử dụng quyền liên quan không phải xin phép nhưng phải trả tiền nhuận bút, thù lao

  • Sử dụng trực tiếp hoặc gián tiếp bản ghi âm, ghi hình đã được công bố nhằm mục đích thương mại để thực hiện chương trình phát sóng có tài trợ, quảng cáo hoặc thu tiền dưới bất kỳ hình thức nào;
  • Sử dụng bản ghi âm, ghi hình đã được công bố trong hoạt động kinh doanh, thương mại.

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