Today's topic is the difference between legal license and fair use of copyright. According to the provisions of China's copyright law, there are two restrictions on copyright, one is fair use, and the other is legal license. The difference between fair use and legal license lies in: according to the provisions of legal license, others do not need the permission of the copyright owner to use the work, but they need to pay remuneration; According to the regulations on fair use, others do not need the permission of the copyright owner or pay remuneration for using the work. Then, why does the fair use need neither the permission of the copyright owner nor the payment, while the legal license needs to be paid? Because most cases of fair use are not for profit, involve public interests, and will not unreasonably harm the legitimate rights and interests of copyright owners, therefore, people who meet the conditions of fair use do not need to pay remuneration. However, for statutory license, although it also involves public interests, it is mostly for profit and meets the statutory license conditions, so it is necessary to pay remuneration according to the statutory license conditions.

Legal objectivity:

Article 22 of the Copyright Law of People's Republic of China (PRC) may, under the following circumstances, use a work without permission and remuneration from the copyright owner, but the author's name and the title of the work shall be indicated, and other rights enjoyed by the copyright owner in accordance with this Law shall not be infringed: (1) To study, study or appreciate the use of published works by others for individuals; (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; Article 23 of the Copyright Law of People's Republic of China (PRC) stipulates that textbooks compiled and published for the implementation of the nine-year compulsory education and the national education plan may be compiled without the permission of the copyright owner, unless the author declares in advance that they shall not be used. However, remuneration shall be paid in accordance with the provisions, and the author's name and the title of the work shall be indicated, and other rights enjoyed by the copyright owner in accordance with this law shall not be infringed.