Does posting excerpts from a work without charging a fee violate copyright?

Posting excerpts of works on websites and social media is quite common nowadays. However, many people still believe that as long as it’s not for profit, it won’t constitute copyright infringement. So, does posting free excerpts of works violate copyright? Let’s find out in the article below!

What is a work excerpt?

Currently, the law does not provide a separate definition of “work excerpt”. However, it can be understood that an excerpt from a work is the use of a portion of the content of a copyrighted work (literature, art, science, etc.) in any form such as copying, publishing, sharing, or displaying.

Common types of excerpts from works include:

• Excerpts from books, stories, and articles

• Excerpts from song lyrics and musical pieces

• Excerpts from films and television programs

• Excerpts from research papers and textbooks

Whether short or long, and whether or not a fee is charged, the use of the work is an act of copyright usage.

General principles regarding copyright when using works:

According to Clause 2, Article 4 of the 2022 Intellectual Property Law: “Copyright is the right of an organization or individual to the work they have created or own.”

In principle, when an organization or individual uses another person’s work, they must obtain permission from the author/copyright owner and pay royalties, fees, and other material benefits (except in cases where the law provides exceptions).

Therefore, not charging fees for publishing or using a work does not equate to the freedom to use the work, nor does it exclude the risk of copyright infringement unless it falls under the legally defined exceptions.

Does posting excerpts from a work without charging a fee violate copyright?

Not all acts of publishing excerpts of a work without charging fees constitute copyright infringement. The law stipulates certain exceptions that allow the use of a work within a specific scope. Conversely, if it is outside that scope, it will be considered a violation and subject to penalties. Below are specific cases:

Cases where posting excerpts of a work without charge does not constitute a violation:

• Reasonable quotation for informational, commentary, or research purposes: According to point a, clause 1, Article 25 of the 2022 Intellectual Property Law: “Reasonable quotation of a work for commentary or illustration in one’s own work, provided that the author’s name and source of the work are clearly stated.” Thus, posting excerpts without charge will not violate if only a reasonable portion is quoted, not replacing the original work; the purpose is commentary, analysis, illustration, or research; the author’s name and source of the work are clearly stated; and it does not affect the normal exploitation of the work. Legitimate examples: quoting a short passage from a book for content analysis; quoting a portion of an article for commentary or critique; quoting a scientific research passage for teaching or learning.

• Using the work for non-commercial educational and teaching purposes: According to point d, clause 1, Article 25 of the Intellectual Property Law: “Using the work in teaching and learning activities not for commercial purposes.” In this case, since no fees are charged, the purpose is not commercial, and the content of the work is not altered or distorted, posting excerpts may not be considered a violation.

Cases where posting excerpts without charging fees still violates copyright:

Posting excerpts of a work “for free” is not always legally safe. Many cases are still considered copyright infringement, such as:

• Excerpts that are too long, replacing the original work: Posting multiple chapters of a book; posting the “best” or “climax” parts of a film or story; compiling excerpts long enough that viewers don’t need to access the original work.

• Not including the author’s name and source: By law, clearly stating the author’s name and source is a mandatory condition. Failure to meet this condition violates the author’s moral rights.

• Posting excerpts to attract traffic and indirect advertising: Websites that don’t charge for reading but include advertisements and sell products or services are considered indirect commercial purposes and still require permission and copyright fees.

Important notes when posting excerpts of works

To minimize legal risks and avoid copyright infringement, individuals and organizations posting excerpts of works should pay special attention to the following:

• Only quote within the necessary scope, appropriate to the purpose of use, and do not replace or affect the normal exploitation of the original work.

• Clearly state the author’s name and source of the work, ensuring full respect for the author’s personal rights as stipulated by law.

• Do not use excerpts for commercial purposes or to promote products or services without the author’s or copyright owner’s consent.

• Do not edit, cut, or distort the content of the work, or misrepresent the meaning and spirit of the original work.

• If you have any concerns about the scope of use, you should proactively seek written permission from the copyright owner to ensure legal safety.

The above is the article “Does posting excerpts from a work without charging a fee violate copyright?”. VCD hopes you will better understand the legal regulations on copyright, correctly identify cases where excerpts of a work are permitted, and recognize actions that may be considered violations.

Sincerely,