Guide
April 26, 2024 is the 24th World Intellectual Property Day, which was established by the World Intellectual Property Organization (WIPO) to create a legal environment that encourages intellectual innovation by creating awareness of respect for knowledge, science and the protection of intellectual property rights around the world. In response to the call of the China Association for Science and Technology, the Editing and Publication Committee of the Urban Planning Society of China organized and carried out the Intellectual Property Publicity Week. During the event, the journal members of the Editorial and Publication Committee will jointly push a series of popular science articles on the Copyright Law of the People's Republic of China on the WeChat public platform.
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How much do you know about "intellectual property"? See if you can answer this question correctly~
If we need to quote someone else's content in our own article, the following statement is correct:
A. Replace the other party's main conclusions with your own words
B. The number of quotations is strictly controlled to less than one-fifth of the work created by the author
C. In order to increase the attractiveness of your work, you should cite the works of well-known authors, regardless of whether the content is relevant or not
D. The cited literature should be clearly marked in the article and clearly described at the end of the article
answer
Click on the blank space below to get the answer
BD
IP Awareness Week
1
Definition of the concept
Fair use refers to the use of another person's work for the purpose of personal study, research or appreciation, or for education, scientific research, religion or charity, which does not require the consent of the copyright owner or the payment of remuneration to the copyright owner, but the personal rights of the author shall be respected, the name of the author and the title of the work shall be indicated, and other rights enjoyed by the copyright owner shall not be infringed. Therefore, it can be said that fair use is a special statutory license to use, and the object of fair use can only be the work that has been published by others, that is, the work that is made public in the manner prescribed by the copyright law. An unpublished work indicates that the author has not exercised his rights and that using it without the author's permission would infringe the author's rights.
2
Legal basis
The act of quotation in the following circumstances has a legal basis and is protected by the copyright law of the People's Republic of China:
- First, citation motivation is to learn, research, and appreciate;
- second, the purpose of the quotation is to introduce or comment on a work or illustrate a certain issue;
- Third, the object of reference is only for the individual;
- Fourth, the cited object can only be the published research results;
- Fifth, the proportion of citations must be "moderate";
- Sixth, the citer must indicate the name of the author and the source of the work of the cited research results.
Therefore, all citations in journal manuscripts must meet the premise that "the cited literature should be clearly marked in the article and clearly described at the end of the article", so that all citations have a legal basis and are within the scope of protection of the civil copyright law.
3
Limitations on the quality of citations
As for the limitation of quantity, there should be no limit to the number of citations, and the more citations there are, the more detailed the information in the researcher's possession, but the premise must be based on "positive citation motivation"; as far as the number of citations is concerned, it should be strictly controlled to less than one-fifth of the work created by the person, and the type of work should not be subdivided.
With regard to qualitative qualification, "the cited part cannot constitute the main or substantial part of the work of the citor", i.e., "whether it constitutes the main part or substantial part of the work of the citor".
4
Judgment of specific circumstances
To determine whether it is a proper quotation or a reasonable quotation, the following criteria are applied in specific circumstances.
1. Reasonableness of subjective purpose
The purpose of using the cited work should be to "introduce or comment on a work or illustrate a certain issue". If a work is not used for the purpose of serving the aforementioned reasonable purpose, but simply to increase the attractiveness of one's own work through the cited work, it is difficult to be considered an appropriate citation. As to whether the purpose of use is commercial, it is not necessarily related to whether it constitutes a proper quotation.
2. Necessity/relevance
The necessity of the act of use should also be considered when judging whether it constitutes an appropriate citation. If the connection between the disputed work and the cited work is weak, it is difficult to determine that the use is necessary. If the act of use is not necessary to "introduce or comment on a work or illustrate a certain issue", it is difficult for the act of use to be considered a proper quotation.
3. Appropriateness
Even if there is indeed a connection between the disputed work and the cited work, and the purpose of the use is to serve the purpose of "introducing or commenting on a work or illustrating a certain issue", it is still necessary to consider whether the use is appropriate, that is, whether it exceeds the necessary limit. When judging the appropriateness, it can generally be examined by the number and proportion of cited works.
Contributed by: Journal of Western Human Settlements
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