标签归档 武汉桑拿论坛

Article 20 The term of protection of an author’s right of authorship, right of revision and right of protecting the integrity of a work is unlimited.
[Interpretation] This article provides for the duration of protection of the author’s right of signature, right of revision and right to protect the integrity of the work.
The term of protection of copyright refers to the effective period during which the copyright owner enjoys the exclusive right to the work, that is, the period stipulated by law to protect the copyright of the copyright owner. During the period of copyright protection, the author or other citizens, legal persons or other organizations who enjoy copyright according to law enjoy copyright in the work, and others need to obtain permission from the copyright owner according to law and pay corresponding remuneration for using the work. When the term of copyright protection expires, the copyright owner will lose his copyright, and the work will enter the public domain. People can use the work without the permission of the copyright owner and can use the work for free. Thus, the term of protection of copyright means that within a certain period stipulated by law, copyright is protected according to law; Beyond this statutory time limit, copyright will no longer be protected by law. It is one of the ways to restrict the copyright enjoyed by copyright owners.
The right of authorship is the author’s right to show his identity and sign his name on the work, which is the author’s most basic personal right; The right to modify is the right of the author to modify or authorize others to modify his work before or after its publication; The right to protect the integrity of works is the author’s right to protect his works from distortion and tampering, which is an important right in the author’s personal rights. The copyright law stipulates that the protection period of these rights of the author is unlimited, which shows that the author’s right of signature, modification and protection of the integrity of the work will always be protected by law. During the life of the author (citizen) or during the existence of the legal person or other organization, if the author forcibly signs the work, deletes the author’s name as non-author, plagiarizes the work, modifies or abridges the work without the author’s consent, and distorts and falsifies the work contrary to the author’s original intention, destroys the true meaning of the work and damages the author’s reputation, the author may ask the infringer to stop the infringement, eliminate the influence and publicly apologize according to law. After the death of the author’s citizen, the author’s right of signature, modification and protection of the integrity of the work shall be protected by his successor or legatee; After the termination or change of the legal person or other organization as the author, these rights shall be protected by the legal person or other organization that bears its rights and obligations. If the author has no heir, legatee or legal person or other organization that bears his rights and obligations,The state will protect its right of authorship, modification and integrity of works from infringement.
The author’s right to sign, modify and protect the integrity of the work belongs to the personal rights in copyright. Because these personal rights of the author in copyright can only be enjoyed by the author himself in principle (even after the death of a citizen as an author, his personal rights can still be reflected through the existence of his works), and can exist independently of property rights; Because these rights are directly related to the author’s morality, intelligence, reputation and honor, and involve the ownership of the work, and whether the work truly reflects the author’s original intention, the protection of these rights of the author is not only a problem before the author’s death, but also a permanent problem. It can’t be imagined that although Cao Xueqin, the author of the classic Dream of Red Mansions, has already passed away, this work has already entered the public domain in the sense of property, so we can change the original author’s signature or change the specific historical environment involved in the work. If so, we can’t guarantee that works, especially excellent works, will be better disseminated and utilized from generation to generation. In addition, if the author’s right of signature, modification and protection of the integrity of the work are not given permanent legal protection, then, after the expiration of the protection period, if someone changes the author’s signature or the content of the work, although it can be condemned by public opinion, but because this behavior is no longer in the category of copyright infringement,Therefore, it is impossible to effectively stop and sanction such acts as copyright infringement through legal channels.
This provision of the Copyright Law tells us that when the protection period of the author’s property rights and other rights ends, people can freely use their works by copying, distributing, renting, exhibiting, performing, screening, broadcasting, filming, adaptation, translation and assembly, but they have no right to change the author’s signature and the content of the works, otherwise they will be investigated for legal responsibility for copyright infringement, which can effectively guarantee the original dissemination of the works without being infringed.
        
Article 21 The term of protection of a citizen’s right of publication and the rights stipulated in Items (5) to (17) of Paragraph 1 of Article 10 of this Law shall be the author’s life and fifty years after his death, ending on December 31 of the fiftieth year after his death; If it is a cooperative work, it ends on December 31st of the fiftieth year after the death of the last deceased author.
The term of protection for the works of legal persons or other organizations, as well as the works in which the copyright (except the right of authorship) is enjoyed by legal persons or other organizations, and the rights specified in Items (5) to (17) of Paragraph 1 of Article 10 of this Law shall be fifty years, ending on December 31st of the fiftieth year after the first publication of the works. However, if the works have not been published within fifty years after the completion of the creation, this Law will no longer protect them.
For cinematographic works, works created by methods similar to cinematography and photographic works, the term of protection of the right of publication and the rights specified in Items (5) to (17) of Paragraph 1 of Article 10 of this Law is fifty years, ending on December 31st of the fiftieth year after the first publication of the works. However, if the works are not published within fifty years after the completion of the creation, this Law will no longer protect them.
[Interpretation] This article provides for the protection period of the author’s right of publication and property rights.
The protection and restriction of copyright are determined by two factors: fully and properly protecting the legitimate rights and interests of copyright owners, encouraging creation, and facilitating the dissemination of works and promoting the development and prosperity of culture and science. On the one hand, copyright should be protected, so that copyright owners, especially authors, can enjoy personal rights and get economic benefits from the dissemination and use of their works. When the author’s personal rights and property rights are protected by law, their creative enthusiasm will be fully encouraged and brought into full play, and more and better works will be created for social use. After the death of a citizen who is an author, the property right in his copyright can be inherited by his successor according to law or transferred by bequest, and the author’s successor or legatee can enjoy the property right of the work just like the author. On the other hand, with the development and progress of society and the cultural needs of the public, works, as a spiritual product, need to be more widely spread and used by the society in a timely manner, and the property rights of authors and other copyright owners cannot last forever. Therefore, it is necessary to restrict the copyright of the copyright owner. If there is no restriction on the protection of copyright and there is no time constraint on the exercise of copyright, then the protection of copyright will conflict with the interests of the public.It will become an obstacle to the development of culture, science and technology, education and other undertakings.
In order to ensure the normal use of works, especially excellent works, and make them widely and timely spread and exchange, it is necessary and appropriate to restrict the exercise of copyright owners’ rights while protecting their rights. On this issue, China’s copyright law stipulates a "fair use" system in which a work can be used under certain conditions without permission and without payment to the copyright owner; And the "legal permission" system that you can use a work under legal conditions without the permission of the copyright owner and only pay the remuneration to the copyright owner after use. In addition, the protection period of copyright is stipulated in order to give necessary restrictions on the exercise of copyright owners’ rights in time. Once the term of protection expires, the copyright enjoyed by the copyright owner will be extinguished, and the work will enter the public domain and become the common wealth of society. Anyone can use the work without the permission of the copyright owner and without paying remuneration to him.
Article 21 of the Copyright Law stipulates the time limit for the protection of copyright owners’ rights of publication, property rights (reproduction, distribution, lease, exhibition, performance, projection, broadcasting, information network dissemination, filming, adaptation, translation and assembly, etc.), and it depends on different copyright subjects (citizens and legal persons, other organizations) and different types of works (general works and films and photographic works) Within the prescribed period of rights protection, the copyright owner can fully exercise his rights in accordance with the law, decide whether the work should be published and in what form, decide how to use the work himself and whether to allow others to use the work, and get corresponding remuneration when others use his work. However, once the term of protection of rights has expired, the copyright law will no longer protect the copyright owner’s right to publish and property, and the work will enter the public domain, and people can use the work without the permission of the copyright owner and without paying remuneration. The significance of this provision lies in promoting the works to be more widely spread in society, enriching the public’s cultural life and promoting the development of science and technology on the premise of giving proper protection to the property rights in copyright and making the copyright owner obtain reasonable economic income.
It is worth mentioning that the right of publication, the right of signature, the right of revision and the right to protect the integrity of works belong to the author’s personal rights. Why should the copyright law limit the protection of the right of publication? This is because, compared with several other personal rights, the right of publication has its special features. First of all, the publication of works will bring economic benefits to the author, which makes the right of publication a personal right directly related to property rights; Secondly, after the author’s death, termination or change, this right can be managed and exercised by his heirs, legatees or units that bear his rights and obligations, and economic benefits can be obtained based on the publication of the work. Therefore, on the issue of the duration of protection of the right of publication, measures similar to property rights should be taken. In addition, in order to meet the spiritual needs of the public and promote the early publication of works, it is also necessary to limit the protection of the right of publication in time.
I. Protection Period of Citizens’ Works
For the protection period of general works created by natural persons, all countries in the world follow the principle of "the author’s lifetime plus several years after his death". Only in different countries, there are different regulations on the protection period of the author’s rights after death. Some countries stipulate 25 years and 30 years; Some countries stipulate 60, 70 or 80 years; More countries, such as Britain, France, Italy, Sweden, Switzerland, Denmark, Japan, the Philippines, Singapore, Egypt, the United States, Canada, Australia and other countries stipulate 50 years.
The first paragraph of Article 21 of China’s Copyright Law stipulates that the protection period of the publication right and property right of works created by citizens, such as words, dictation, music, drama, folk art, dance and art, is "the author’s life and fifty years after his death", which is the same as the protection period stipulated by most countries in the world.
According to the provisions of the copyright law, the author’s right to publish and property rights are protected by law during the protection period of 50 years before his death and after his death. No one may publish a work against the will of the copyright owner; Unless otherwise specified by law, anyone who uses a work by copying, distributing, renting, exhibiting, performing, playing, filming or adapting, translating or assembling must obtain the permission of the copyright owner and pay remuneration to him. Otherwise, the author or the author’s heirs and legatees have the right to require them to bear corresponding legal responsibilities in accordance with the law.
Why does China’s copyright law stipulate that the protection period of the author’s rights after death is 50 years, not shorter or longer? To determine how long the protection period is appropriate, we should not only consider the development level of copyright protection in China and the social demand for works, but also consider the needs of opening up and international cultural and scientific exchanges, as well as international practices. According to relevant statistics, at present, most countries in the world stipulate that the post-death protection period of the author’s property rights is 50 years. If China’s copyright law makes such a provision, it can be consistent with most countries and achieve equivalence. In addition, the Berne Convention also stipulates: "The protection period given by this Convention shall be within the author’s lifetime and fifty years after his death." According to the principle of minimum protection of international copyright protection, the protection of works of other States parties by States parties cannot be lower than the standard of the convention. On the issue of protection period, it needs to be longer than or equal to the period stipulated in the convention.
The term of protection of the rights of ordinary works created by citizens is generally stipulated in various countries as the author’s lifetime plus several years after his death. However, when the post-death protection period of the author’s rights begins to be calculated, the provisions of various countries are not consistent. To sum up, there are mainly the following methods: counting from the beginning of the year of the author’s death; From the end of the year of the author’s death (December 31st); From the beginning of the second year of the author’s death (L 1); However, in some countries, in order to avoid shortening or extending the protection period due to the error in time calculation, the calculation method is adopted from the time when the specific event occurs (the date of the author’s death).
Regarding the calculation of the protection period after the death of the author, China’s copyright law only stipulates the deadline, that is, "as of December 31 of the fiftieth year after the death of the author", and does not stipulate the starting date. The calculation method of the deadline is "December 31st of the fiftieth year after the death of the author", and the year after the death is the year after the death of the author, counting from this year to December 31st of the fiftieth year. For example, when a composer died in May 1990, the post-death protection period for his rights should be 1991 as the first year after his death and expire on December 31, 2040.
II. Determination of the term of protection of cooperative works
A cooperative work is a work created jointly by two or more people. Under normal circumstances, its copyright is shared by the co-authors. In view of the differences in the age and life span of co-authors, the copyright law stipulates that the term of protection of the publishing right and property right of the creators of such works shall end on December 31, the fiftieth year after the death of the last deceased author. That is to say, for cooperative works, the protection period should be determined based on the last dead author. This practice is also a common practice in the world. Many countries in the world determine the term of protection of cooperative works based on the lifetime of the last deceased co-author, plus several years after his death. However, some countries stipulate that the protection period of the author of a cooperative work after death starts from the death of one of the co-authors (that is, the first deceased author). According to the Berne Convention, the protection period after the death of a co-author shall be counted from the death of the last co-author.
Paragraph 2 of Article 13 of China’s Copyright Law stipulates: "If a cooperative work can be used separately, the authors can enjoy the copyright separately for the parts they created." According to this regulation, when a co-author exercises the copyright of a part of a cooperative work that can be used separately, the general provisions on the term of protection of the cooperative work do not apply, but should be calculated by the method of the author’s lifetime and 50 years after his death.
Three, about the legal person or other organization’s work, copyright (except the right of signature) by the unit to enjoy the protection period of the work.
For the works created by legal persons or other organizations and the copyright (except the right of signature), the copyright law stipulates that the protection period of the publishing right and property right enjoyed by legal persons or other organizations is 50 years, ending on December 31 of the fiftieth year after the first publication of the works. At the same time, it also stipulates that if such works are not published within 50 years after their creation, the copyright law will no longer protect them.
As can be seen from the provisions of the Copyright Law, the term of protection for the works of legal persons or other organizations, as well as the works of posts whose copyright (except the right of signature) is enjoyed by legal persons or other organizations, is different from that of works created by citizens. The reason is that legal persons and other organizations are not natural persons, and their duration can be short or long, and there are no rules to follow. Naturally, the general protection period based on the life of natural persons cannot be applied, and the practice of duration plus termination and how many years after change cannot be adopted. It is only reasonable and feasible to determine the protection period of such works by adopting the method of several years after their first publication.
Four, about the protection period of movies and works created by methods similar to making movies.
Because movies and works created by methods similar to filming have the characteristics of being re-created on the basis of other people’s works or original works, the protection period given to such works in many countries is shorter than that of works created by natural persons.
According to the provisions of China’s copyright law, the protection period of publication right and property right of such works is 50 years, ending on December 31 of the fiftieth year after the first publication of the works. However, if the works are not published within 50 years after the completion of creation, the copyright law will no longer protect them.
In terms of the calculation method of the protection period of films and works created by methods similar to filming, China is basically the same as other countries that attribute the copyright of such works to producers, that is, it is calculated by several years after the first publication (or public screening). It is just that China’s protection period for such works is among the longer in these countries, which means that China’s protection for copyright owners of films and works created by methods similar to filming is more adequate.
Article 15, paragraph 2, of the Copyright Law stipulates: "Authors of works that can be used independently, such as scripts and music, in film works and works created by methods similar to filming, have the right to exercise their copyright alone." Therefore, for works that can be used independently, such as scripts and music, in film works and works created by methods similar to filming, if the author is a citizen, the term of protection should be calculated by the method of "the author’s lifetime and fifty years after his death". For example, the TV series A Dream of Red Mansions is protected for 50 years after its release, while the theme song "Woningmei" is protected for 50 years after the author’s lifetime and death.
V. Protection Period of Photographic Works
In the process of creation, photographic works depend more on equipment than other types of works. Therefore, according to the particularity of photographic works, the Copyright Law stipulates that the protection period of publishing rights and property rights of photographic works is 50 years, ending on December 31, the fiftieth year after the first publication of the works. At the same time, it is stipulated that if the works are not published within 50 years after the completion of creation, this law will no longer protect them. This provision shows that the time limit for citizens to enjoy the right of publication and property rights for photographic works is shorter than that for ordinary works, which is only 50 years after the publication of the works, rather than "the author’s life and 50 years after his death". This provision is consistent with the international practice. For example, the Berne Convention stipulates that the protection period of photographic works should not be shorter than 25 years after the completion of the works. This is obviously lower than the standard that the protection period of the general works of citizens stipulated in the convention should not be shorter than the author’s lifetime and 50 years after his death. It shows that the convention allows its member countries to protect photographic works for a shorter period than their own for other works.
VI. Determination of the Protection Period of commissioned works
Commissioned works is a work created according to the entrustment contract signed by the client and the trustee. With regard to the ownership of the copyright of a commissioned work, Article 17 of the Copyright Law stipulates that the client and the trustee shall agree through a contract. If the contract is not clearly stipulated or concluded, the copyright belongs to the trustee. As for the subject of copyright, for the client, it may be a legal person or other organization or a citizen; For the trustee, it may also be a citizen, a legal person or other organization. In view of the fact that commissioned works allows both parties to determine the ownership of copyright by contract, and the uncertainty between the client and the trustee on the issues of citizens, legal persons and other organizations, the application of the protection period for such works should be determined according to whether the works belong to the client or the trustee, and whether the client or the trustee is a legal person, other organizations or citizens. If the copyright belongs to the client, and the client is a legal person or other organization, the term of protection for the work of the legal person or other organization shall apply, that is, 50 years after the first publication of the work; If the client is a citizen, the term of protection of the citizen’s work should be used as the calculation method, that is, "the author’s life and fifty years after his death." If the copyright is enjoyed by the trustee, the relevant rights protection period should also be applied according to the different situations of whether the copyright subject is a legal person or other organization or a citizen.Section 4 Limitation of Rights There are two articles in this section. It is a restrictive provision for copyright owners to exercise copyright.
Because the material that the author needs for creation comes from people’s social life, the author can’t create without the culture created by predecessors and the knowledge and experience of others. Therefore, while enjoying the copyright, the author should do his duty to the society and the public. Not only that, because the copyright enjoyed by the copyright owner is used in many ways and involves a wide range, if others use the work with the consent of the copyright owner and pay remuneration, then it is not conducive to the development of science and culture. Therefore, the protection of copyright enjoyed by copyright owners should not be absolute and unlimited. The restrictions on copyright generally include: (1) Fair use. That is, under certain circumstances, you can use a work without the consent of the copyright owner and pay him no remuneration. (2) legal permission. That is, the use of a work under the conditions prescribed by law can be done without the consent of the copyright owner, but the copyright owner must be paid.
The copyright laws of most foreign countries clearly stipulate the restrictions on copyright. International conventions also stipulate and allow States parties to restrict the exercise of copyright by copyright owners in their domestic laws in some cases. As stipulated in Article 9 of the Berne Convention for the Protection of Literary and Artistic Works, the authors of literary and artistic works protected by this Convention have the exclusive right to authorize the reproduction of these works in any way and in any form. The laws of the member countries of the Union may allow the reproduction of the above-mentioned works under certain special circumstances, as long as such reproduction does not damage the normal use of the works and does not infringe on the legitimate interests of the authors without reason. Article 13 of the Agreement on Trade-Related Aspects of Intellectual Property Rights stipulates that all members should limit the restrictions or exceptions of exclusive rights to a certain special case, which should not conflict with the normal exploitation of works and should not unreasonably harm the legitimate interests of right holders.
According to the provisions of international conventions, especially to meet the needs of China’s entry into WTO, the amendments to the Copyright Law have made necessary amendments to the content provisions of the Copyright Law enacted in 1990, and made provisions conducive to the dissemination of works and the development and prosperity of economy, science and culture on the premise of fully protecting the rights and interests of copyright owners.
        
Article 22 A work may be used without permission or remuneration from the copyright owner under the following circumstances, but the name of the author and the name of the work shall be indicated, and other rights enjoyed by the copyright owner according to this Law shall not be infringed:
(1) Using published works of others for personal study, research or appreciation;
(2) appropriately quoting published works of others in a work for the purpose of introducing and commenting on a work or explaining a problem;
(3) Inevitably reproducing or 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 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 publication and broadcasting are not allowed;
(5) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast speeches delivered at public meetings, unless the author declares that publication and broadcasting are not allowed;
(6) Translating or reproducing a few published works for classroom teaching or scientific research in schools for the use of teaching or scientific researchers, but not publishing them;
(7) State organs use published works within a reasonable scope for 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 a published work for free, without charging fees to the public or paying remuneration to the performer;
(10) Copying, painting, photographing and video recording works of art set up or displayed in outdoor public places;
(eleven) the China citizens, legal persons or other organizations have published works written in Chinese into minority languages and published in China;
(twelve) the 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.
[Interpretation] This article is about the fair use of copyright.
The original copyright law also made restrictions on the exercise of copyright by copyright owners in Article 22, and this revision has made some changes on the basis of the original provisions. The restriction of rights stipulated in this article refers to the use of a work under certain circumstances, which can be used reasonably without the consent of the copyright owner and without payment to him.
The copyright laws of all countries have provisions on fair use. For example, in Article 107 of the Copyright Law of the United States, it is stipulated that the factors to be considered in determining whether the use of a work is reasonable under any specific circumstances should include: (1) it depends on the purpose of the use, that is, whether it is used for commercial purposes; (2) Depending on the nature of copyrighted works, different types of works have different forms of copyright utilization, and the boundaries of rationality are also different. For example, just copying a copyrighted article may be regarded as fair use, and rebuilding a building according to other people’s original buildings cannot be regarded as fair use; (3) It depends on whether the proportion of the used part to the whole work is appropriate, and improper proportion cannot be regarded as reasonable; (4) It depends on whether the relevant use behavior has a significant adverse impact on the potential market value of the work. If there is such an impact, it cannot be considered reasonable. Another example is Article 65 of the Copyright Law in Taiwan Province, China. The criteria are: first, the purpose and nature of the use, including whether it is for commercial purposes or non-profit educational purposes; The second is the nature of crops; Third, the proportion of the utilized part in all the crops; The fourth is the influence of the results on the potential market and present value of the works.
According to the provisions of this article, the use of other people’s works is fair use under the following circumstances:
1. Using published works of others for personal study, research or appreciation.
In daily life, there are many situations in which individuals use other people’s published works, for example, translating other people’s works to improve their foreign language level. Copying other people’s calligraphy and painting in order to cultivate their own skills. Singing and playing other people’s music works for self-entertainment. Transcribe audio and video tapes to enrich their cultural life. Because it is very common for individuals to use other people’s works, and the scope of using other people’s works is quite extensive, it is impossible and unreasonable to require everyone to obtain the consent of the copyright owner and pay remuneration every time they use other people’s works. Because, first, personal use has to be paid, which is difficult to implement; Second, personal use requires the permission of the copyright owner, so it will be difficult for the work to be used and disseminated, and the creative activity itself will lose its meaning. Therefore, the copyright laws of many countries include individual use of published works of others in the scope of fair use under certain circumstances. For example, Article 68 of the Italian Copyright Law stipulates that readers can copy a single work or part of it for personal use by hand-copying or other means that are not suitable for circulation or public dissemination. Article 493 of the Russian Civil Code stipulates that the published works of others can be copied or used in other ways to meet personal needs without the author’s consent and without paying the author. Article 30 of Japan’s Copyright Law stipulates that for the works that are the subject of copyright,In order to be used by individuals or families and in a limited range of the same kind, users can copy it. Article 29 (3) of "Copyright Law" in Taiwan Province, China stipulates that copying other people’s works for academic research, exclusively for their own users, shall not be regarded as infringement of copyright if the source of the original works is indicated. For personal use, you can freely use other people’s works without the consent of the copyright owner. Do not pay remuneration, and do not indicate the name of the author, the name of the work or the source.
China’s copyright law is no exception. It is stipulated in this article that individuals can study, study or enjoy the use of published works of others without the consent of the copyright owner and without paying remuneration to him. To meet this requirement, two conditions must be met: first, the purpose of using a work is for personal study, research or appreciation, and it cannot be used for publication or commercial performance, making and distributing audio and video tapes, playing them on radio and television stations, exhibiting, filming movies, television and so on. Second, the work used is published by the copyright owner. If the work has not been made public, even if it is used for personal study or appreciation without the consent of the copyright owner, it cannot be considered as fair use.
Two, in order to introduce and comment on a work or explain a problem, in the work of appropriate reference to other people’s published works.
Quoting others’ works in one’s own works refers to taking others’ works as the basis of one’s own works in order to create new works and explain new ideas. Quoting the original works is very common in written works. For example, in order to comment on other people’s works, a passage from the original book is quoted, and in other creative forms, other people’s works are also quoted. For example, in order to introduce someone’s calligraphy and painting, several of his calligraphy and painting works are shown on TV. Because it is necessary for the creation of some works to quote others’ works, it is difficult to explain some problems in new works or even to produce new works without quoting them. Therefore, many countries and international conventions have provisions on this fair use. For example, the first paragraph of Article 10 of the Berne Convention for the Protection of Literary and Artistic Works stipulates that it is legal to extract quotations from a work that is legally made public, including articles that are quoted from newspapers and periodicals in the form of newspaper abstracts, as long as they are in line with reasonable use and within the scope of legitimate needs to achieve their goals. The third provision stipulates that the citation and use mentioned in the preceding paragraphs should indicate the source, and if the original source has the author’s name, it should also indicate it. Article 51 (citation) of the German Copyright Law stipulates that copying, dissemination and public reproduction are allowed within the scope specified by the purpose: (1) using published independent works in independent scientific works for the purpose of explaining the content; (2) quoting published fragments of crops in independent language works;(3) Quoting fragments of published musical works in independent musical works. Article 70 of the Italian Copyright Law stipulates that for the purpose of comment, discussion or education, you may extract, quote or copy some fragments or chapters of a work within the limits of the above-mentioned purposes, but it shall not compete with the economic right to use the work. The first paragraph of Article 32 of Japan’s Copyright Law stipulates that published works can be cited, but the citation must conform to fair practice, and the purpose of citing in reports, comments and research must also be limited to the proper scope. This quotation must clearly indicate the source of the work. Article 17 (1) of the Hungarian Law on Authors’ Rights stipulates that individuals are allowed to quote some parts of a published work under the condition of indicating the source of the work and the author’s name, as long as the degree of citation is commensurate with the characteristics and purpose of the work in which the citation is used and the citation is faithful to the original. Article 29 (2) of the Copyright Law in Taiwan Province, China, stipulates that those who quote other people’s works in the form of excerpts for reference and annotation of their own works shall not be regarded as infringing on other people’s copyright, provided that the place where the original work was made is indicated. These regulations can be used as a reference for people to study the appropriate amount of quotations from other people’s works.
According to China’s copyright law, if you quote other people’s works under the following conditions, you can not get permission from the copyright owner and pay him no remuneration. First, the purpose of quoting is to introduce, comment on a work or explain a problem. Second, the proportion of references must be appropriate. Generally speaking, quotations should not be longer than comments, introductions or explanations. Third, the cited works must be published. Fourth, when quoting other people’s works, the author’s name and the name of the work should be indicated, and other rights enjoyed by the copyright owner according to the copyright law should not be infringed.
Three, in order to report current news, in newspapers, periodicals, radio stations, television stations and other media inevitably reproduce or quote published works.
Current affairs news is an important way for people to understand national and world affairs. In order to comprehensively report current affairs news at home and abroad, our newspapers, periodicals, radio stations, television stations and other media inevitably use other people’s published works. For example, news programs in china national radio broadcast political, economic, cultural, scientific and technological news published in newspapers such as People’s Daily, Guangming Daily, Workers’ Daily and People’s Liberation Army Daily almost every day. In order to report the success of China’s bid to host the Olympic Games, the CCTV news broadcast program quoted several scenic spots in the propaganda film of Zhang Yimou’s bid to host the Olympic Games. But how to quote other people’s works can be called fair use? The copyright law stipulates four conditions in this article: first, the purpose of quoting works is to report current affairs news; Second, the cited works must be published; Third, citing other people’s works should indicate the author’s name, the name of the work and the source of the work, and must not infringe upon other rights enjoyed by the copyright owner in accordance with the copyright law; Fourth, quoting other people’s published works is inevitable for reporting current news. The fourth condition is newly added in this revision of the Copyright Law. This revision is mainly to be consistent with the provisions of international conventions. The Berne Convention for the Protection of Literary and Artistic Works stipulates that "it shall be reproduced and made public to the extent necessary for reporting purposes".
The rational use of this situation is also an internationally accepted legislative example. For example, the second paragraph of Article 10 bis of the Berne Convention for the Protection of Literary and Artistic Works stipulates that when reporting current affairs and news by means of photography or film, or by broadcasting or cable communication to the public, the conditions for the literary and artistic works seen or heard in the course of the event to be copied and made public within the scope properly needed for the purpose of reporting shall be stipulated by the laws of the member States of the Union. Article 41 of Japan’s Copyright Law stipulates that when reporting current events through photography, film, broadcasting or other methods, the works that constitute the event or those seen and heard in the course of the event can be copied for the purpose of reporting and can be used in reporting the event, but the source should be indicated. Article 19 (1) of the Hungarian Law on Authors’ Rights stipulates that it is allowed to copy communication reports containing facts and news as long as the source is indicated. It is allowed to use the contents of public meetings and public speeches, but the publication of the compilation of speeches should be approved by the author. Article (2) stipulates that newspapers, periodicals, radio and television are allowed to copy economic and political articles with news value under the condition of indicating the author’s source and name, as long as these articles are published first to exclude such copying. Article 20 (1) stipulates that works related to current affairs may be disseminated in news documentaries and in radio and television news programs.The degree of communication should be commensurate with the occasion of communication. In this case, it is unnecessary to point out the author’s name.
Four, newspapers, periodicals, radio stations, television stations and other media published or broadcast other newspapers, periodicals, radio stations, television stations and other media have published articles on political, economic and religious issues, but the author declared that it is not allowed to publish or broadcast.
Generally speaking, current articles are created to publicize and implement the principles and policies of the party and the state at a certain period or a major event. This kind of article is timely, policy-oriented and purposeful. These articles usually need a variety of different publicity channels to make them spread more widely and deeply. Therefore, the Copyright Law includes newspapers, periodicals, radio stations, television stations and other media to publish or broadcast current articles published by other newspapers, periodicals, radio stations, television stations and other media into the scope of fair use, and it can be done without permission and without payment to the copyright owner.
In order to prevent the abuse of this provision, the Copyright Law of 1990 restricted this fair use to newspapers, periodicals, radio stations and television stations, or to broadcast editorials and commentator articles published by other newspapers, periodicals, radio stations and television stations. The amendment of copyright law will change "editorial and commentator’s articles" into "current articles on political, economic and religious issues". This amendment has improved and clarified the scope of fair use, and is also consistent with the provisions of international treaties. The Berne Convention for the Protection of Literary and Artistic Works only limits the scope of this fair use to "current articles involving political, economic and religious issues". This revision of the Copyright Law also added the contents of current articles that the author declared not to be published or broadcast according to the Berne Convention for the Protection of Literary and Artistic Works. The first item of Article 10 bis of the Berne Convention for the Protection of Literary and Artistic Works specifically stipulates that this item should be used reasonably: "The laws of the member countries of the Union may permit the reproduction of current articles on economic, political or religious issues published in newspapers and periodicals, or broadcast works of the same nature, provided that such reproduction, broadcast or cable communication is not explicitly reserved. However, the source should be clearly stated;The legal liability for violating this obligation is determined by the law of the country where protection is requested. "Most foreign countries’ copyright laws also stipulate in this way. For example, Article 65 of the Italian copyright law stipulates that articles about economic, political or religious current affairs published in newspapers and periodicals can be reproduced freely by other newspapers and radio stations, unless the right to reprint is explicitly reserved, but the publication date and serial number of the original newspaper should be indicated; If the article is signed, the author’s name should also be indicated. Article 49 (1) of the German Copyright Law stipulates that a single broadcast commentary and newspaper article, and a single article published in other newsprint that only reports current affairs, are allowed to copy and disseminate or publicly reproduce such comments and articles in other similar newspapers and newsprint if they involve political, economic and religious current affairs without a statement of reserved rights.
5. Newspapers, periodicals, radio stations, television stations and other media publish or broadcast speeches delivered at public meetings, unless the author declares that publication and broadcasting are not allowed.
Public assembly refers to an assembly held in public places (such as squares and stadiums) for a certain purpose. The speech delivered at a public meeting has the nature of public propaganda, and publishing or broadcasting these speeches is to expand its influence and propaganda scope. Therefore, the Copyright Law stipulates in this article that newspapers, periodicals, radio stations, television stations and other media can publish or broadcast the speech delivered at a public meeting without the permission of the copyright owner and without paying remuneration to him. But sometimes, for historical, political or other reasons, the author is unwilling to publish or broadcast his speech in newspapers, periodicals, radio stations, television stations and other media, so newspapers, periodicals, radio stations, television stations and other media should respect the author’s wishes and must not publish or broadcast. This provision is in line with the Berne Convention for the Protection of Literary and Artistic Works. Article 2 bis of the Convention stipulates: "Under what conditions a publicly published lecture, speech or other works of the same nature can be published in newspapers, broadcast or disseminated to the public if necessary for the purpose of new reporting, and publicly disseminated in the form of Article 11 bis, paragraph 1, is within the scope of domestic legislation of the members of the Union." This provision is also consistent with the provisions of other foreign countries. For example, Article 66 of the Italian Copyright Law stipulates that political or administrative speeches delivered at public meetings or other public occasions may be freely reproduced in newspapers or broadcast.But it should indicate the source, the author’s name, the date and place of the speech. Article 48 (1) of the German Copyright Law stipulates that: 1. Reproduction and dissemination of speeches on current affairs published in public meetings or broadcasts and public reproduction of such speeches are allowed in newspapers or other news papers that mainly report current affairs. 2. Reproduce, disseminate and publicly reproduce speeches delivered in public consultations of countries, regions or religious organizations.
6. To translate or copy a few published works for classroom teaching or scientific research in schools for the use of teaching or scientific research personnel, but not for publication and distribution.
Classroom teaching in schools is an activity of imparting knowledge; Scientific research is an activity to explore the nature and laws of things by scientific methods on the basis of summing up and absorbing the experience or knowledge of predecessors. These two activities are inseparable from the accumulation and exploration of knowledge. Knowledge itself is the sum of knowledge and experience accumulated by people in the practice of transforming the world. Learning knowledge and creating knowledge are inseparable from the use of existing works. Restricting this use will hinder the improvement of the cultural level of the whole nation and the development of science and technology. Therefore, the copyright laws and international treaties of many countries include a small number of copies of copyrighted works for the purpose of teaching or scientific research in the scope of fair use. For example, Article 10, paragraph 2, of Berne Convention for the Protection of Literary and Artistic Works stipulates that the laws of the member countries of the Union and the special agreements existing or to be signed between the member countries stipulate that literary and artistic works can be legally used as teaching explanations through publications, radio broadcasts or audio and video recordings, as long as they are used within the scope of legitimate needs to achieve the purpose and are in line with reasonable use. The third provision stipulates that the citation and use mentioned in the preceding paragraphs should indicate the source, and if the original source has the author’s name, it should also indicate it. Japan attaches great importance to education and the cultivation of talents, and uses four articles in the Copyright Law to explain the rational use of works for teaching purposes. Article 33 of the law stipulates that for the purpose of school education,Within the necessary limits, published works can be published in teaching books. Article 34 stipulates the broadcasting of school educational programs. Article 35 stipulates the reproduction of schools and other educational institutions. Thirty-sixth provisions as a copy of the test questions. Article 29 (1) of the Copyright Law in Taiwan Province, China, stipulates that those who extract other people’s works to edit textbooks approved by the Ministry of Education shall not be regarded as infringing on other people’s copyrights, if the original works are noted. China’s copyright law also stipulates in this article that for classroom teaching or scientific research in schools, the published works of others can be translated or copied in small quantities for use by teaching or scientific researchers without permission and without payment to the copyright owner, but the author’s name and the name of the work should be indicated, and it should not be published.
There are several problems that need to be paid attention to. First, the term "classroom teaching" mentioned in this item is strictly restricted. For-profit teaching such as postgraduate entrance examination classes, TOEFL and GRE training classes does not belong to "classroom teaching". Second, "a small amount of reproduction", generally speaking, should not exceed the needs of classroom teaching or scientific research. Third, translation can be a part of an existing work or all of it. More translation and less translation depend on the needs of classroom teaching or scientific research. Fourth, the purpose of translation or a small amount of reproduction is for teaching or scientific research personnel to use in school classroom teaching or scientific research, and cannot be used for publication. Fifth, when translating or reproducing a published work by others, the author’s name and the name of the work should be indicated; Shall not infringe upon other rights enjoyed by the copyright owner in accordance with the copyright law.
Seven, the state organs to perform official duties in a reasonable range of use of published works.
State organs include legislative organs, administrative organs, judicial organs, legal supervision organs and military organs. There are many cases in which state organs use other people’s works. For example, the legislature copies or extracts some legal papers to make laws. Judicial organs and legal supervision organs need to copy written works and photographic works related to the case for handling cases. Administrative organs copy political, economic, cultural, educational, scientific and technological materials for the needs of administrative management. Military organs copy maps for exercises and operations, and so on. State organs use other people’s published works in order to study problems, formulate policies and implement management, that is, to perform official duties, without permission or payment to the copyright owner. However, if the use of other people’s works by state organs is not necessary for official activities, such as publishing a book of Selected Papers on Family Planning, it is necessary to obtain the consent of the copyright owner and pay him remuneration. In addition, state organs may not arbitrarily expand the scope of use of published works of others for the purpose of performing official duties. For example, for the purpose of trial, a people’s court can find out the facts only by copying one article in the works compiled by the copyright owner, but it can’t copy several articles, otherwise it is not fair use. In order to prevent the abuse of this provision, not only to protect the rights and interests of copyright owners, but also to ensure the needs of state organs in performing official duties, the amendments to the Copyright Law stipulated in the 1990 Copyright Law"Use of published works by state organs for official duties" was revised to "Use of published works by state organs within a reasonable range for official duties", which further clarified the scope of use of published works by others by state organs. Some foreign countries have also stipulated this fair use. For example, Article 45 of the German Copyright Law stipulates: "For the use of court proceedings, arbitration courts or public security organs, it is allowed to make or witness to make a single copy of a work. Courts and public security organs may copy or have portraits copied for judicial and public security purposes. Under the same conditions as reproduction, it is allowed to spread, publicly exhibit or publicly reproduce the crops. "
Eight, libraries, archives, memorial halls, museums, art galleries, etc. to display or save the version, copy the works collected by the library.
Libraries, archives, memorial halls, museums and art galleries copy works in many cases, for example, libraries copy and photocopy certain books; The archives make some historical materials into films by microfilm; The memorial hall makes a photo exhibition of someone’s manuscript and diary; The museum displays some historical photos after remaking them; Watermarking paintings in art galleries and so on. Copying other people’s works in libraries, archives, memorial halls, museums and art galleries meets the following two conditions, which are fair use: First, the purpose of copying other people’s works is to display or preserve them. Libraries, archives, memorial halls, museums and art galleries collect all kinds of modern and even ancient works, some of which are old and damaged due to age, some are out of print books or only one original. The development of human civilization requires us to preserve the excellent and meaningful works of past dynasties. Therefore, the copyright law includes the reproduction of other people’s works for the purpose of saving or displaying the version into the scope of fair use. Second, the copied works must be collected by this museum, and other museums cannot be allowed to copy the works collected by this museum, nor can they copy the works collected by other museums. Foreign copyright laws also have such provisions. For example, Article 31 of the Japanese Copyright Law stipulates that libraries and other facilities stipulated by decrees for the purpose of providing use to the public shall be provided on the following occasions.As a non-profit undertaking, crops can be copied from books, records or other materials in libraries, etc.: (1) At the request of users in libraries, some copies of published crops can be provided for their investigation and research, and only one copy can be provided for each person. (2) For the need of preserving library materials. (3) at the request of other libraries, etc., provide copies of libraries that are generally difficult to obtain due to out of print or similar reasons. Article 68 of the Italian Copyright Law stipulates that the library can freely photocopy the works in its collection for readers’ personal use or the library’s services.
Nine, free performance of published works, the performance did not charge fees to the public, nor did it pay remuneration to the performers.
Free performance refers to non-commercial performance. For example, schools, enterprises, etc. organize performances by their students, teachers or employees to celebrate the May 1 International Labor Day and the birthday of the Party. The main purpose of free performance is to enrich and enliven the cultural life at the grassroots level, and the performers do not get income from it. Therefore, free performance of other people’s published works can be performed without permission and without payment to the copyright owner. A free performance of a published work must meet the following conditions for reasonable use: First, a free performance of the work must be published. If the work is not published, even if the performance is free, it must be approved by the copyright owner. Second, when performing to the public for free, other rights of the copyright owner should be respected, the name of the author and the name of the work should be indicated, and the work should not be arbitrarily modified, distorted or tampered with. Third, a free performance should neither charge the public (audience or audience) nor pay the performers. If the performer is paid by the organization of the performance, the performance is not free, although there is no ticket. In order to further clarify what is a free performance, the amendment to the Copyright Law added a provision on the basis of the "free performance of published works" stipulated in the Copyright Law in 1990: "The performance did not charge the public or pay the performers."
It should be pointed out that the "free performance" here does not include voluntary performances by some literary and art groups and actors to sponsor large-scale sports competitions and help the disabled. Because voluntary performances have to be charged to the public, these expenses include both the performance fees of actors and the use fees of works. Voluntary performance is just that the actor dedicates his due performance fee to the relevant units or individuals, and a part of the benefit performance income should be paid to the author. If the author agrees, it can also be dedicated to the relevant units or individuals.
On the scope of reasonable use of the right to perform, different countries have different regulations. Article 38 of Japan’s Copyright Law stipulates that a published work can be publicly staged, played, dictated or shown when it is not for profit and does not charge the audience or audience fees (that is, it does not charge the consideration and reward for providing or showing crops in any name). However, when the performance, performance, oral presentation or exhibition is paid to the performer or narrator, this restriction does not apply. However, the United States stipulates that only performing religious works in religious occasions or performing works for the blind or other disabled people (such as the deaf-mute) that they cannot enjoy through normal channels is fair use. In other cases, even if the performance is non-commercial, it is necessary to notify the copyright owner in advance or perform certain procedures in the copyright office. This provision of China’s copyright law is made on the basis of drawing lessons from relevant foreign national regulations and combining with China’s actual needs.
10. Copying, painting, photographing and video recording works of art set up or displayed in outdoor public places.
Artistic works set up or displayed in outdoor public places mainly refer to paintings, sculptures, calligraphy and so on set up in squares, streets, intersections, parks, tourist attractions and buildings. For example, the stele of the Monument to the People’s Heroes and the relief around it; Statues of figures around Beijing Workers Stadium; Murals on the wall of the teaching building of the Conservatory of Music. The use of an artistic work set up or displayed in an outdoor public place without permission or payment from the copyright owner is restricted by two aspects. First, the artistic work must be set up or displayed in an outdoor public place. Second, the way to use works is limited to copying, painting, photography and video recording, and these works of art cannot be used in direct contact, such as rubbing.
The reason why the Copyright Law stipulates that copying, painting, photography and video recording of artistic works set up or displayed in outdoor public places can be done without the permission of the copyright owner, mainly because these artistic works set up or displayed in outdoor public places have long-term public and public welfare nature. Since they are displayed or set up in outdoor public places, it is inevitable that someone will copy, paint or take photos and video recording with this as the background. It is actually impossible for users to obtain the permission of the copyright owner and pay remuneration. Therefore, in this case, the use of other people’s works should naturally belong to the scope of reasonable use. Other countries also have this provision. For example, Article 492 of the Russian Civil Code stipulates that copying and reproducing plastic arts works displayed in open places (excluding exhibitions and museums) by any other means can be done without the author’s consent and without paying the author’s remuneration, but the author’s name and citation source must be indicated, except for mechanical rubbing.
Eleven, China citizens, legal persons or other organizations have published works written in Chinese into minority languages for publication in China.
China is a multi-ethnic country, with more than 50 ethnic minorities besides the Han nationality. In order to promote the development of science and culture of ethnic minorities, Han Chinese written works can be translated into any ethnic minority written works, without obtaining permission or paying remuneration to the copyright owner. However, the copyright law imposes the following restrictions on this kind of translation. First, the translated works in Chinese must be published, and the translation of unpublished works requires the permission of the copyright owner. Second, the translated works in Chinese characters must be created by China citizens, legal persons or other organizations. Thirdly, the publishing scope of translating works written in Chinese into works written in minority languages is limited to People’s Republic of China (PRC), and it is impossible to translate works written in Chinese into works written in minority languages and spread them abroad. If you want to publish and distribute abroad, you should obtain the permission of the copyright owner and pay him remuneration. Fourth, the author’s name should be indicated when translating, and the work should not be modified, distorted or tampered with without authorization. The copyright law of 1990 stipulates this fair use: "Translate the published works in Han languages into minority languages and publish them in China." There is no such provision in the Berne Convention for the Protection of Literary and Artistic Works and the Agreement on Trade-related Aspects of Intellectual Property Rights. However, considering the need of developing and prospering the culture of ethnic minorities in China, it is better to keep this provision in the Copyright Law of 1990.But it is not suitable for foreigners. Therefore, the amendment to the Copyright Law amended this fair use provision to read: "Translate the published works written in Chinese by China citizens, legal persons or other organizations into works written in minority languages and publish them in China."
Twelve, the published works will be published in Braille.
Blind people are disabled and can only read by touch. It is the wish of the majority of authors to help the disabled, reduce their burden and study scientific and cultural knowledge hard. Therefore, the Copyright Law stipulates that a published work can be published in Braille without the permission of the copyright owner and without payment, but the author’s name and the name of the work should be indicated, and the work should not be arbitrarily modified, distorted or tampered with. The "Copyright Law" of Russian and other countries and Taiwan Province also lists this as fair use. Article 492 (8) of the Russian Civil Code stipulates that the published works for the blind can be published in raised font, and the works can be used without the consent of the author and without paying the remuneration for the works. Article 30 of the Copyright Law in Taiwan Province stipulates that a published work may be reproduced by braille for the blind. With the permission of the government, organizations whose purpose is to promote the welfare of the blind may record published works for the exclusive use of the blind.
The Copyright Law not only stipulates that the rights of copyright owners are restricted by the above twelve aspects, but also stipulates that the rights of publishers, performers, producers of audio and video recordings, radio stations and television stations are also subject to the above-mentioned restrictions. That is, the provisions of the second paragraph of this article: the provisions of the preceding paragraph shall apply to the restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations and television stations.
According to the provisions of the Copyright Law, publishers enjoy exclusive rights to publish works delivered for publication by copyright owners in accordance with the contract and are protected by law. During the period when the publisher enjoys the exclusive right to publish a work, others may not publish the work. However, according to the provisions of the second paragraph of this article, if a Braille publishing house wants to publish a published work in Braille, it can publish the work without the publisher’s permission and without paying remuneration.
According to the provisions of the copyright law, performers have the right to license others to perform audio and video recordings of their performances and get paid. However, if someone records and videos a performer’s performance for personal appreciation, they can do so without the permission of the performer and without payment.
According to the provisions of the Copyright Law, producers of audio and video recordings have the right to permit others to copy, distribute, rent, and disseminate the audio and video recordings to the public through information networks, and get paid. However, if the audio and video recordings are copied for classroom teaching, for example, a dance academy copies a video recording of a certain dance, it is not necessary to pay the producers without their permission, and at the same time, it is not necessary to pay the performers.
According to the provisions of the Copyright Law, radio stations and television stations have the right to prohibit the recording of their broadcasts and televisions on audio-visual carriers and the copying of audio-visual carriers without their permission. However, if an individual records the radio and television broadcast by a radio station or television station on an audio-visual carrier for study, research and appreciation, he can do so without the permission of the radio station or television station and without paying him.
        
Article 23 When compiling and publishing a textbook for the implementation of the nine-year compulsory education and the national education plan, unless the author declares in advance that it is not allowed to be used, he may compile published fragments of works, short written works, musical works or single works of art and photography in the textbook without the permission of the copyright owner, but he shall pay remuneration in accordance with the provisions, indicate the author’s name and the title of the work, and shall not infringe upon other rights enjoyed by the copyright owner in accordance with this Law.
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.
[Interpretation] This article is about legal permission.
This article is a newly added provision in this revision of the Copyright Law.
Legal permission refers to the use of a published work without the consent of the author or other copyright owners in accordance with the law. Legal license is a restriction on copyright. When using other people’s works according to legal permission, remuneration shall be paid to the author or other copyright owners, and the name of the author, the name of the work and the source shall be indicated. Some countries stipulate that the use of other people’s works in compiling and publishing textbooks is within the scope of legal permission, that is, it can be used without the permission of the copyright owner. For example, the first paragraph of Article 33 of Japan’s Copyright Law stipulates that for the purpose of school education, published works can be published in textbooks (referring to books for educating children or students in primary schools, middle schools or colleges and similar schools approved by the Minister of Education or published in the name of works of the Ministry of Education). Paragraph 2 stipulates that, according to the provisions of the preceding paragraph, a person who wants to publish crops in a book for teaching and learning should, at the same time, inform the copyright owner of this intention, comprehensively consider the purpose of this paragraph, the types and uses of the crops, the usual amount of royalties and other matters, and pay compensation to the copyright owner according to the amount stipulated by the director of the Cultural Department every year. The third paragraph stipulates that after the director of the Department of Culture has stipulated the amount of compensation stipulated in the preceding paragraph, this stipulation will be published in the official newspaper.The fourth paragraph stipulates that the provisions of the first three paragraphs are applicable to correspondence teaching books in colleges and universities and teachers’ guidance books related to the textbooks specified in the first paragraph (limited to the scope related to the distribution of the textbooks). Article 46 of the German Copyright Law stipulates: (1) If part of a work or a small-length language work, music work, separate art work or separate photographic work is used in a compilation after publication, or several people’s works are compiled into a book, and according to the characteristics of the above-mentioned works, it is allowed to copy and distribute such a compilation. The purpose of the assembly must be clearly indicated on the title page or the corresponding position. (2) Paragraph (1) applies to the use of compilations of musical works for music teaching in general schools, except music schools. (3) Only when the intention to use the right in paragraph (1) is notified to the author by registered mail or the owner of the exclusive usufructuary right is notified when his address and place of residence are unknown, and the copy can be started two weeks later. If the address or residence of the owner of the exclusive usufructuary right is unclear, a notice may be published in the Federal Gazette. (4) Appropriate remuneration should be paid to the author for reproduction and distribution. (5) If the work no longer conforms to the belief of the author and the author is unwilling to continue to use the work and has recovered the existing usufructuary right for this reason, the author may prohibit copying and distribution.
Considering that education is related to the development of the country’s economy, culture and science, the whole society should give it strong support. On the basis of drawing lessons from some foreign countries and international treaties, this amendment to the Copyright Law adds this article, that is, the preparation and publication of textbooks for the implementation of nine-year compulsory education and the national education plan can be done without the permission of the copyright owner, unless the author declares in advance that they are not allowed to be used. Compiling published fragments of works, short written works, musical works or single works of art and photography in textbooks, but remuneration shall be paid in accordance with regulations, indicating the name of the author and the name of the work, and other rights enjoyed by the copyright owner in accordance with this law shall not be infringed. When applying this article, we should pay attention to the following points: firstly, the textbooks mentioned in this article refer to the official teaching materials used in classroom teaching, and should not include teaching reference books, counseling series and counseling materials. Second, the purpose of using other people’s published works without permission must be to compile and publish textbooks for the implementation of nine-year compulsory education and the national education plan. Third, the use of published works of others for textbooks must meet the quantitative requirements determined by law, such as "fragments" of works, "short" written works, musical works, "single" art works and photographic works. Fourth, remuneration should be paid to the copyright owner in accordance with the regulations, and the name of the author and the name of the work should be indicated. Fifth,When compiling and publishing textbooks using published works of others, other rights enjoyed by copyright owners in accordance with the copyright law shall not be infringed. Sixth, in order to take care of the situation that some authors may be dissatisfied with some of their original published works or for other reasons, and do not want others to publish and use them again, this article clearly stipulates that the authors shall not use those works that have been declared forbidden in advance. Seventh, the provisions of the statutory license in this article also apply to the restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations and television stations.
        

　　BEIJING, Beijing, Oct. 10 (Xinhua)-The 9th is the first working day at the end of the Eleventh Golden Week. Beijing, Tianjin, Hebei and other places have experienced heavy rainfall, and Qinghai, Inner Mongolia and other places even ushered in the first snowfall this autumn. The cooling wind made it difficult for many office workers returning to work to adapt for a while, shouting "I want to wear long pants".

　　According to the latest weather forecast, the temperature in Northeast China, North China, Shaanxi, Sichuan, Chongqing and other places will drop by 6-10℃ today and tomorrow, and the local temperature drop can reach 12℃. There is strong precipitation in the southeast of northwest China and North China, and moderate to heavy snow in parts of Ningxia and Gansu.

　　On October 9, the temperature dropped sharply in many places in Inner Mongolia. On the streets of Hohhot, pedestrians riding electric cars put on "cotton-padded clothes" to travel. China News Service reporter Liu Wenhua photo

　　Just entering October, I "want to wear long pants"

　　— —Rainfall in many places in the north has cooled down, and the local temperature drop has exceeded 10℃

　　In October, after enjoying the Golden Week holiday, office workers need to overcome not only the "holiday syndrome", but also the windy and cool weather. With the arrival of cold air, there has been a sharp cooling in many places in the north in recent days. On social platforms, many netizens shouted "to wear long pants" in their circle of friends.

　　According to the report of the Central Meteorological Observatory on the evening of the 9th, due to the influence of cold air, at 14: 00 on the 9th, compared with 14: 00 on the previous day, the central and eastern Jilin, Liaoning, central Inner Mongolia, northern Hebei, western Shanxi, central and northern Shaanxi, Ningxia, central and southern Gansu and other places experienced a temperature drop of 6-8 C, and the local temperature drop reached 10-12 C.

　　In addition, heavy rainfall, fog and other weather in many places have also added traffic pressure to the first working day after the Golden Week. Among them, Weibo Meteorological Beijing, the official of Beijing Meteorological Bureau, reported that the average precipitation in Beijing reached 29.8 mm from 4: 00 to 16: 00 on the 9th.

　　According to media reports, on the morning of the 9 th, the rainy and foggy weather in Beijing continued, and several high-speed sections of Jingha, Beijing-Tianjin and Jingping were closed; Rain and fog also affected flights at the Capital Airport. As of 11: 00 on the 9th, more than 100 inbound and outbound flights were delayed and more than 50 flights were cancelled.

　　Cold air comes with snow

　　— — Many places welcomed the first snowfall in the second half of the year, and the temperature hit a new low in the second half of the year.

　　In addition to strong winds and rainfall, snowfall occurred in some places in the north. According to a report from the Central Meteorological Observatory on the evening of the 9th, 1-7mm snowfall or sleet occurred in central Gansu, eastern Qinghai and central Inner Mongolia during the daytime on the 9th.

　　According to media reports, due to the influence of cold air, Xining, Qinghai Province ushered in the first snowfall since autumn on the 9th. The daily minimum temperature dropped to 0.9℃, and the temperature hit a new low since the second half of this year. The meteorological department of Qinghai Province issued several yellow warnings for cold waves.

　　The staff of Qinghai Meteorological Bureau told the media that the first snow in Xining this year was 20 days earlier than last year, and the low temperature weather will continue. It is understood that at present, Xining has not yet entered the heating season, but due to the obvious drop in temperature, citizens have put on winter cotton clothes and masks.

　　Some areas in Inner Mongolia also ushered in the first working day after a long holiday in the wet and cold. According to media reports, the first snowfall occurred in many places in Inner Mongolia since the second half of the year, with obvious snowfall in Alxa League, Bayannaoer, Baotou, Wulanchabu and Hulunbeier. The snowfall time in central and western Inner Mongolia was the earliest in recent 10 years, and the maximum snow depth in Hulunbeier boketu has reached 13 cm.

　　Zhang Fanghua, chief forecaster of the Central Meteorological Observatory, said that the cold air process affected a wide range and lasted for a long time, with a large cooling range, long precipitation duration and large accumulated precipitation in the northern region.

　　Zhang Fanghua suggested that the cold air process not only brought about obvious cooling, but also accompanied by a wide range of precipitation weather, and the body temperature will be very low, and the temperature in most areas in the next 10 days will be lower than that in the same period of the year. At present, most areas have not been centrally heated, and the public needs to take cold-proof and warm-keeping measures.

　　National gale cooling forecast map (from 20: 00 on October 9 to 20: 00 on October 11). Image source: Central Meteorological Observatory official website

　　Cold air will continue to go south.

　　— — The cumulative cooling range in Wuhan and Chongqing can reach 15℃

　　As the saying goes, an autumn rain is cold, and ten autumn rains put on cotton. In the next few days, the cooling weather will continue.

　　According to the official website news of the Central Meteorological Observatory, it is estimated that there will be a temperature drop of 6-10℃ in the central and eastern parts of Northeast China, most of North China, southwestern Shaanxi, northeastern Sichuan, Chongqing, Huanghuai, Jianghan, Jianghuai and northern Jiangnan from 20: 00 on the 9th to 20: 00 on the 11th, and the local temperature drop can reach 12℃. There are 4-6 winds in most of these areas.

　　For example, under the influence of rain and cold air, the temperature in Beijing will continue to drop. According to media reports, the highest temperature in Beijing during the day on the 10th was only 11℃, and the lowest temperature in the morning on the 11th will drop to 7℃, both of which will hit new lows since the second half of this year.

　　In addition, the cold air continues to go south. According to media reports, Hubei will usher in a "roller coaster" decline in temperature from the 10th, and the highest temperature in northwest Hubei will be the first to drop to 18-21 C; On the 11th, the temperature will drop further, and the highest temperature in Wuhan will drop to 16℃, and the cumulative cooling rate can reach 15℃.

　　According to local media reports in Chongqing, a cooling and rainy weather process began in Chongqing on the evening of the 9 th, which lasted until the 12 th, and the daily average temperature will drop by 6-9 C. From the perspective of the whole city, the highest temperature will drop from 33℃ to 18℃, and the cooling rate will be as high as 15℃.

　　In addition, it is expected that there will be heavy rain and local heavy rain in parts of Sichuan, Shaanxi, North China, Liaoning and Jilin from 20: 00 on the 9 th to 20: 00 on the 10 th; In Inner Mongolia, Hebei, Shaanxi, Ningxia, Gansu, Qinghai and other places, rain will turn to sleet or snowfall. Among them, there are moderate to heavy snow in parts of southern Ningxia and central Gansu, and there are heavy snow in mountainous areas.

　　It is understood that on October 12, the cold air force will weaken and the cooling will end. At that time, only Jiangnan and northern South China will have a temperature drop of 2 C to 4 C.

Editor’s Note: This article is reproduced by Zhu Xingyu and Entrepreneurial State with authorization.

"Why can’t our school always produce outstanding talents?"

Before he went abroad to study in 1935, Qian Xuesen received a synchronized education in China with the United States. The middle school is studying in the middle school affiliated to Beijing Normal University. President Lin Liru advocates educational reform and inspires students’ interest and consciousness. Students can enter the chemistry laboratory to do experiments at any time, and soak in the library to talk with their classmates about the frontier theory of relativity and Lenin’s revolutionary feat.

When Qian Xuesen graduated from high school, he had already studied science as a sophomore.

Qian Xuesen University studied in Shanghai headquarters of Jiaotong University. Its predecessor was Nanyang College. When it was founded, it was fully benchmarked against the Massachusetts Institute of Technology, known as "Oriental MIT". Due to the integration of courses, Qian Xuesen had already studied the postgraduate courses at MIT when he was an undergraduate, and got his master’s degree one year after coming to MIT.

After studying at MIT, Qian Xuesen felt that the undergraduate teaching of Jiaotong University is the world’s advanced level.

In 2005, Qian Lao said with emotion: "None of the students who have been trained for so many years have achieved academic achievements that can be compared with the masters trained during the Republic of China." Qian Lao asked again, "Why can’t our school always cultivate outstanding talents?"

In the Republic of China, where the illiteracy rate is 90%, the industrial base is weak, and politics is chaotic, Chen Shengshen, who started the school of global differential geometry, came out and put forward Yang Zhenning and Li Zhengdao, whose parity is not conserved. The invention of theorem proving method gave birth to the Wang Hao of theoretical computer science … Why can’t the emerging talents catch up with the masters trained in the Republic of China in the new era?

Qian Xuesen

"If you don’t know what the most advanced ship looks like, how can you build the best ship?"

Shi Yigong, a structural biologist, gave an excited speech at the seminar on talent introduction plan. Just two years after the talent introduction program started in 2008, 326 overseas talents were attracted back to China, including Yao Qizhi, the first Chinese Turing Award winner, and famous biologists Shi Yigong and Rao Yi. However, "there are few first-class talents, but there are many second-and third-rate talents", which has aroused social discussion.

As the representative of the first batch of talents introduced, Shi Yigong firmly supports the talent introduction plan.

"Maybe I was too deeply influenced by the thought of’ born in sorrow and died in happiness’, and I was often worried. I was worried when I reported that China was not as good as abroad. "

Shi Yigong’s worry lies in China’s backwardness in the field of science. "In the high-end research results of life sciences from 2001 to 2006, the gap between Chinese in China and the United States is about 1:10, and Chinese account for about 10%~20% of the United States. On the whole, the high-end research results of life sciences in China are 1%~2% of those in the United States."

Shi Yigong’s conclusion is that "our country is still very backward in many places, so it is necessary to introduce high-end talents". The sustainable development of China in the future must depend on the talents cultivated by itself, but how can you build the best ship if you don’t know what the most advanced ship looks like?

"I’m Chen Lijie, and I want to be a theoretical computer scientist!"

Chen Lijie, a senior student from Yao Ban, Tsinghua, gave a speech on the defense field of the 2016 Tsinghua Undergraduate Special Scholarship, which aroused cheers and prolonged applause from the audience. Chen Lijie, who won the International Informatics Olympiad and was sent to Yao Ban, Tsinghua, has been interested in academics since his freshman year. During his junior year, he became the first China undergraduate to present a paper at the annual meeting of Basic Computer Science.

Chen Lijie said, I feel extremely honored to be born in such a golden age. I dream that I can become a wave in the tide of the golden age and contribute to the wisdom of mankind.

Chen Lijie was born in Yao Ban, Tsinghua, and his immediate seniors include Lou Tiancheng, the famous "building leader", Tang Wenbin, Yinqi and Yang Mu. The former founded Pony.ai, an artificial intelligence travel company, and the latter three are the founders of artificial intelligence unicorn contempt technology. Pony.ai and Defiance Technology, together with the Fourth Paradigm and Etu Technology from ACM class of Shanghai Jiaotong University, occupy half of the world’s artificial intelligence unicorns.

The questions and worries of the first two generations of well-known scientific research talents have gradually been answered in the practice of the new generation of China students. Just like the Jet Lab during the Cold War, Apollo Project and ARPA, the originator of the global Internet, behind the super-projects of these big countries, there are large-scale talent strategies, which bring about technological breakthroughs and then form a golden age of the industry.

Hundreds of millions, all starting from one. Behind the breakthroughs in China’s super projects and national core industries, these leading figures are also closely related to the country’s talent strategy:

Qian Xuesen and "Two Bombs Plan" and "581 Plan";

Shi Yigong and the "Thousand Talents Program";

Chen Lijie, ACM class and Yao Ban’s corresponding "Everest Plan".

A person’s destiny depends on self-struggle, and also takes into account the historical journey.

In 1934, Xueba Qian Xuesen graduated from the Railway Engineering Department of Jiaotong University, and the average score of four years is almost full today. However, he didn’t do well in the exam for public students studying in the United States in August of that year, and he failed in mathematics. Fortunately, he got a high score of 87 points in the course of "Aeronautical Engineering". Professor Ye Qisun of Tsinghua decided to make an exception and Qian Xuesen went to MIT for further study.

After getting his master’s degree in one year, Qian Xuesen joined Professor Von Carmen of California Institute of Technology to study aviation theory, and soon stood out as an authoritative expert in the field of aerodynamics.

Qian Xuesen’s achievements in the United States, in addition to personal efforts, also benefited from the establishment of the "Geng-style study abroad" mechanism, but also benefited from the surging wave of the times in the field of basic scientific research in the United States.

Before 1933, Germany was a well-deserved world science center. At that time, the textbooks of basic science in most countries were German, which was the official language of the world. Even after the defeat of World War I in 1919, German science maintained the highest level in the world, and both relativity and quantum mechanics originated here. In the same period, the United States was in the forefront of the world in applied technology, but its research in basic science was only second-rate.

Before 1933, Germany had 32 Nobel Prize winners, while the United States had only five, and the results were also biased towards the application level.

The change took place in 1933. On April 7th, the Nazis promulgated the Law on Resetting Public Officials, announcing that "communist party, Marxists and people of non-Aryan descent will be dismissed". When a large number of scientists were dismissed, all German universities expressed their collective loyalty to the Nazi government on April 22, and wrote in the Confession: "The sunshine of this nation once again illuminates itself …".

By the beginning of 1938, the number of Jewish scientists expelled had reached 1,800, and the loss of German university teachers reached 39%, among which Einstein, thomas mann, Gustav Hertz and other famous scientists were listed.

With the active operation of American University Aid Committee, Foreign Exile Aid Committee and Rockefeller Foundation, thousands of scientists have been resettled in the United States, and as many as 77% of the 1,400 exiled scientists from Germany and Austria have been accepted by the United States. These exiled scientists brought six Nobel Prize winners, represented by Einstein, and 11 new Nobel Prize winners to the United States. They became the founders of almost all new scientific traditions in the United States and established the outstanding position of the United States in mathematics, physics, chemistry, biology and other disciplines.

Qian Xuesen’s mentor, von Carmen, was a Jewish scientist who went to the United States under the influence of the Nazis. After he went to the United States, he initiated aerodynamic research at California Institute of Technology. Qian Xuesen came to von Carmen’s company in 1936, and soon stood out as Carmen’s favorite student. He gradually became an assistant from a student, and later became a close collaborator in the field of aerodynamics, and jointly published a "pressure correction formula" called "Qian-Carmen formula" by academic circles.

During the Second World War, the United States and the Soviet Union also targeted German applied technical talents such as rockets and atomic energy. During the Yalta Conference in February, 1945, Stalin flatly rejected zhukov’s proposal to March into Berlin, demanding to change the route of March, hoping to include the German missile research base Peminende first.

Not to be outdone, the United States sent an investigation team composed of top American missile experts represented by von Carmen and Qian Xuesen to Germany to investigate the development of rocket technology in Germany. With the approval of President Roosevelt, the "Operation Paperclip", which introduced German experts, was put into practice, and the speed of searching and detaining German scientists began to accelerate, and wernher von braun, the core figure of V-2 missile research and development, was secretly established.

In February, 1945, wernher von braun led a design team of 525 people and accumulated important research materials of missile research for 13 years to the American-occupied area, and the US military transported the equipment that could be taken away to the United States, and destroyed the equipment that could not be taken away. On May 27th, when Soviet troops arrived, they were disappointed to find rubbish everywhere. When Stalin learned the news, he was extremely disappointed and furious: "We defeated the Nazis and occupied Berlin and Penemende, but the Americans did take away German rocket experts here. What could be more humiliating and unforgivable?"

At this time, Qian Xuesen received the rank of Colonel of the US Air Force, personally participated in the inquiry of German rocket expert wernher von braun in Germany, inspected the top-secret Goering Institute of Aerodynamics and wind tunnels in other places hidden in the pine forest and wrote a report, and also interrogated ludwig prandtl, the granddaddy of aerodynamics, together with his mentor von Carmen.

After the war, 642 German experts were introduced into the "paper clip" talent input program in the United States. Different from the Jewish intellectual refugees’ focus on basic scientific research, the German rocket scientists’ focus on applied science has effectively supplemented the missing part of their predecessors in the field of scientific research and filled the gap in the United States. Wernher von braun later invented the Saturn series of launch vehicles in the United States and sent 12 men to the moon in the Apollo program.

The United States is an immigrant country, attracting outstanding talents from all over the world through a good political system and culture, but the supply chain of talents in the United States was cut off during World War II. On the one hand, the boom of World War II made the immigration tide that lasted for a hundred years fall to the bottom, which was the least period of immigration in the United States since 1820. On the other hand, the number of American troops has soared 26 times, which has seriously consumed the number of students enrolled in universities.

In view of the "talent deficit" problem, the American government began to speed up talent training:

• Promulgated the Military Rights Act of 1944 to provide university education for veterans, and 4 million veterans have successively completed undergraduate or postgraduate education;

• Establish a scholarship system to attract college students to study science and engineering majors, "equate national security with the training of physicists", and the number of graduates majoring in science and engineering has reached a new high;

• The Eisenhower Administration pushed Congress to promulgate the National Defense Education Act of 1958, which clarified the relationship between national defense and education, established education as the focus of national defense, and a large amount of funds flowed into American colleges and universities, which expanded rapidly.

Benefiting from the influx of German talents and the shortage of talents after the war, the United States established a "dual-track" talent attraction system by adjusting its immigration law in 1952:

• Permanent immigration: the annual quota, the first priority principle is that 50% of the quota is used to attract foreign talents, and the other three principles stipulate that the other 50% is used for the reunion of American citizens and legal aliens with their foreign relatives. Those who apply for the first priority principle must have "higher education, technical training experience, professional experience or special talents, and their services are urgently needed by the United States";

• Non-immigrant visas: A temporary worker (H visa) program will be established, in which H-1 visas will be issued to professionals with outstanding talents, H-2 visas will be issued to skilled and unskilled workers who are in short supply in the United States, and H-3 visas will be issued to foreign workers who receive technical training in the United States.

Attracting foreign talents has become the strategic goal of American immigration policy, and the temporary science and technology labor program marked by H visa is "short, flat and fast", and the government can increase or decrease the number of people according to the economic and political situation, so the H-1B visa that countless engineers are eager for has started.

So far, the United States has formed a training system of education and scientific research based on colleges and universities internally, and established a dual-track talent attraction structure externally. The United States, which has formed a perfect talent system, has made sufficient institutional preparations for the talent war around the outbreak of the Cold War.

In 1949, millions of heroes crossed the river, and the Republic was established on this land that was in great need of development. In 1950, Hua Luogeng returned from the United States and published the famous "Open Letter to Students Studying in the United States" on the eve of passing through the Luohu Port: "Friends, although Liangyuan is good, it is not a land of long residence! In order to choose the truth, we should go back; For the sake of the nation, we should go back, and for the sake of serving the people, we should also go back; Establish our working foundation and strive for the construction and development of our great motherland! "

This letter touched Qian Xuesen, who worked in the United States for 15 years. As early as 1939, after completing his doctoral studies, he wanted to return to China. He was persuaded by his tutor von Carmen and stayed in the United States for 11 years. During these 11 years, he became an authority in the rocket field, an expert in the scientific advisory group of the US Department of Defense, received the title of Colonel of the US Army and was free to enter and leave the Pentagon.

As we all know, Qian Xuesen was detained by the Immigration Bureau on the eve of preparing to return to China, and then began to live under house arrest in the United States for five years. In the same period, the US government will lose the government funds of the Republic of China to support the forced immigration of 3,400 China students stranded in the United States, and attract more than 20,000 intellectuals of the Republic of China, including Zhang Ailing, to immigrate to the United States by supporting public welfare organizations and non-governmental organizations to operate in Hong Kong and Macao.

On February 26th, 1955, the Chinese People’s Liberation Army liberated all the coastal islands in Zhejiang, and the US Congress passed the US-Taiwan Joint Defense Treaty urgently, stating that they had the right to use atomic bombs when the Taiwan Province Strait was threatened. On March 16, US President Eisenhower declared in a televised speech that "nuclear weapons are not only strategic weapons, but also can be used for tactical purposes." , to carry out naked nuclear blackmail on China with non-nuclear capability at that time.

Chairman Mao asked Premier Zhou: "What are our talents in the development of atomic bombs and missiles?"

Premier Zhou replied: "We have the talent advantage in this field. Qian Sanqiang worked with Nobel Prize winner Madame Curie … Professor Qian Xuesen, a missile expert who worked under Dr. Von Carmen, the’ father of rockets’ in the United States, is trying to get him to return to China as soon as possible through various channels …"

On October 8, 1955, Qian Xuesen arrived at Luohu Bridge in Shenzhen, together with nuclear physicists Li Zhengwu and Professor Sun Xiang. Prior to this, 1,424 Chinese who studied and worked overseas returned to China, and they became the backbone of the construction of this ancient and young country. Among the first 172 academicians of China Academy of Sciences in 1955, 158 were returned talents, which played an important role in the construction of industrial system and basic scientific research system in China.

Since then, Qian Xuesen has devoted himself to the research and development of the "two bombs" in China. The connotation of the two bombs has also changed from the initial missile and atomic bomb to the later atomic bomb and hydrogen bomb. In October 1957, after the Soviet Union launched its first satellite, Qian Xuesen led the "581 Project" and "651 Project" of China Satellite successively.

On October 16th, 1964, at 3pm sharp, China’s first atomic bomb exploded successfully, and nuclear blackmail became a term in history.

From 1966 to 1977, the talent system in China collapsed, and the college entrance examination was stagnant for 10 years. In 1977, the chief designer who had just returned presided over a discussion and made a decision to resume the college entrance examination that year. 5.7 million candidates entered the college entrance examination room, and the fate of 270,000 people changed from then on.

With the strong support of the chief designer who had studied in France, the system of studying abroad began to recover. In 1978, the first batch of 52 overseas students were sent abroad at public expense. In 1981, the door to studying abroad at their own expense was officially opened, and the first TOEFL test was held in the mainland. The policy of "supporting studying abroad, encouraging returning home and coming and going freely" was set, and the number of students studying at their own expense exceeded 100,000 in the second year. The chief designer pointed out: "there should be thousands of factions, not just ten or eight."

After a long period of mental depression, young people are greedy for the outside air.

In 1986, Tsinghua’s Zhang Chaoyang won the Li Zhengdao Scholarship, and stood out from 700 top students, becoming one of 100 lucky ones. In the same year, Yan Yan, Xiong Xiaoge and Zhang Yaqin went to the United States. In 1987, Xu Xiaoping first went to the United States and then went to Canada to wash dishes for a long time.

In 1993, Peking Man in new york was popular all over the country: "If you love him, send him to new york, because it is heaven;" If you hate him, send him to new york, because it is hell. "

The huge environmental gap makes few people want to come back. In the 30 years since international students opened the floodgates, only a quarter of them have returned to China. Shi Yigong once mentioned in his speech: Of the 2,251 undergraduates in Tsinghua, 16,700 went to the United States after graduation. Most of them are still in the United States now, but few of them stand out, and contentment is a very big problem.

Shi Yigong’s Ph.D. study in the United States was very painful, and he often failed. However, after the postdoctoral research began, Shi Yigong found that his interest in biology gradually grew, and he quickly made achievements in X-ray crystallography to dissect protein structures. In 1998, Shi Yigong became an assistant professor in the Department of Molecular Biology of Princeton University, and soon became the youngest full-time professor since the establishment of the Department.

Like many people, Shi Yigong originally imagined that the United States was a beautiful, free and democratic country, but in real life, he began to realize the gap between imagination and reality. In 1995, Shi Yigong, who graduated with a doctor’s degree, had the idea of returning to China, but the problem was that there was no matching research environment in China, and he might only be an English teacher, a tour guide or even a taxi driver.

In the United States during the Cold War, national defense was deeply bound up with education and scientific research. Of the huge annual defense funds, more than 11% directly flowed into scientific research in related fields, and 30% of the equipment procurement expenses flowed into Boeing in Seattle, IBM, Hewlett-Packard and Lockheed in Silicon Valley. The spillover of military demand created two science and technology industrial centers, which brought CPU, computer and the subsequent Internet era to the United States.

In the same period of China, economic construction became the absolute center. At the meeting, the chief designer asked the troops to "be patient for a few years", that is, to cut down a lot to save military expenses and support national construction. In order to introduce technology and construction funds and technology, the market-for-technology initiative was implemented, which promoted market growth and brought about the stagnation of localization.

The country’s scientific and technological foundation is indeed very weak. In the 10 years since 1992, the first prize of the National Natural Science Award and the National Technological Invention Award, which were selected every year, fell into an embarrassing situation. The former was only awarded twice in the 10 years, and the academicians Feng Kang and Qin Renchang who won the prize both passed away. The latter was sent three times in 10 years. The founding fathers of "two bombs and one satellite" have all won the honor, but no one can keep up with it. When the self-developed ARJ21 aircraft project was launched in 2002, the designers were either old people in their fifties and sixties, and the rest were young people in their twenties. One generation disappeared.

In China during this period, the scale of high-level scientific research talents was insufficient and the age was unbalanced. In 1992, the average age of research institutes of Chinese Academy of Sciences was 53 years old, and the proportion of university professors over 56 years old in China reached an astonishing 80%, which needed fresh blood urgently. The Chinese Academy of Sciences, the Ministry of Personnel and Education have successively led the "National Jieqing Fund", the "100 Million Project" and the "Changjiang Scholars" program. However, due to the lack of basic environment, the mobilization efforts and achievements are very limited. "There are less than 10 candidates for Changjiang scholars to meet the threshold, which is very obvious compared with hundreds of overseas universities."

After China joined the WTO at the end of 2001, the problem of brain drain in China became more prominent. Since 2000, the number of Chinese students returning to China has gradually declined. By 2004, only 20.9% of them chose to return to China. New Oriental, an English training institution for studying abroad, has become a sacred place in everyone’s heart, and Yu Minhong has been compared to "Moses" in the new era.

What we lose is what we gain. We have exchanged the demographic dividend and the market for the soaring economy, and the GDP has maintained an average annual growth of nearly 10% in the past 20 years. In 1990, China’s economic volume accounted for 1.82% of the world’s total, which increased to 3.69% in 2000, and in 2010, China’s share reached 9.36%. Today, the proportion is 16%, and that of the United States is 24%.

In October 1999, as an outstanding young Chinese expert in the United States, Li Yanhong was invited to return to China to attend the National Day ceremony of the 50th anniversary of the founding of the People’s Republic of China. He was deeply impressed by the advertisements on the websites in the streets. At this time, the pattern of foreign technology dominating the world made him feel the opportunity to start a business. On January 1, 2000, Baidu began to work in Peking University Resource Hotel.

"Historical upheaval is taking place in the motherland". In 2007, Rao Yi, who had been a tenured professor at Northwest University, returned to China. After being applied as the president of Peking University Academy of Life Sciences, he decided that "instead of criticizing overseas, he might as well go back to China to practice".

Encouraged by Rao Yi, Shi Yigong also resigned as a tenured professor at Princeton and returned to teach in the Department of Biology in Tsinghua University: "I hope to come back when I am in my prime and work for the health of the motherland for at least 30 years."

After China’s entry into WTO, the severe talent situation in China has attracted the attention of policy makers. In the Outline of the National Talent Team Construction Plan for 2002-2005, the strategy of "strengthening the country through talents" was put forward for the first time. Later, as one of the basic strategies, strengthening the country through talents was written into party constitution and the report of the 17th National Congress. The rapidly growing economy has become a solid backing and guarantee for the strategic landing.

China’s talent strategy has entered the fast lane of top-level design.

In December 2008, the implementation plan of "Thousand Talents Plan" was issued under the planning of the coordination group for talent work. This is the first talent program coordinated by the central government and implemented by dozens of ministries and commissions, aiming to attract scientific experts who are at the forefront of international research, master core key technologies or have patents.

In 2008, Shi Yigong, Rao Yi and 122 experts, including Turing Prize winner Yao Qizhi who returned to China earlier, were selected into the first batch of talent introduction plans. Up to now, the talent introduction plan has introduced more than 7,000 high-level talents in 13 batches. The leader of the Central Group said: "If there are 1,000 truly useful leading talents among these 10,000 people, it will be great."

The new generation of leaders ensured the continuity of the talent project policy. In his speech at the celebration meeting of the centenary of the founding of the European and American Alumni Association, the General Secretary clearly stated that he would vigorously promote the talent plan and called on "overseas students to integrate their dreams into the Chinese dream", and the central policy of studying abroad, which lasted for decades, was extended and expanded, adding "playing a role".

The "Thousand Talents Program" and the "Young Thousand Talents Program" emerged the basic research achievements such as quantum communication and protein three-dimensional structure, and the application breakthroughs such as OLED screen, Alibaba Cloud, commercial aircraft and algorithm recommendation also began to affect our lives. Breakthroughs in chip packaging, manufacturing and design became the prerequisite for the strategy of manufacturing a powerful country later.

As benchmarking figures, Shi Yigong and Rao Yi have also begun to explore and make efforts for the reform of China’s science and technology system and the frontier research of science and technology.

In 2011, Shi Yigong and Rao Yi, the deans of Tsinghua University and Peking University College of Life Sciences respectively, took the lead in setting up the Tsinghua-Peking University Joint Center for Life Sciences with the support of the Ministry of Education, which became a pioneer pilot in the reform of scientific research and education system: introducing the internationally accepted Tenuer Track system, and "leaving after six years of employment"; Reform the personnel system, separate practice from administration, and professors will enjoy higher autonomy in teaching and scientific research.

The emergence of Life Joint Center has made Tsinghua Peking University’s scientific research ability in the field of life sciences become well-known in China, and world-class young scientists such as Yan Ning, Chai Jijie, Wu Jiawei, Wang Hongwei and Yang Maojun have emerged one after another. Before 2009, only one article was published in the two top journals of Science and Nature in Tsinghua, and more than 70 articles were published in the following eight or nine years.

In 2018, Shi Yigong resigned as the vice-president of Tsinghua University and devoted himself to the establishment of the research university West Lake University. West Lake University is Shi Yigong’s solution to "Qian Xuesen’s question": small but precise, with a high starting point and a priority subject. At the beginning of its establishment, it focused on cultivating doctoral students and top-notch innovative talents, with the goal of benchmarking the well-known research university California Institute of Technology fifteen years later. Among the founding donors, there are Ma Huateng, Wang Jianlin and others.

On the historical tide of going out and returning, people who grasp the trend most accurately have begun to create the future trend.

"Why can’t we win the championship? "

In 2000, at the International ACM Programming Finals held in Orlando, USA, Lin Chenxi of Shanghai Jiaotong University watched three players from St. Petersburg State University win the championship trophy. This is the fifth year that Shanghai Jiaotong University participated in the international ACM competition, and Lin Chenxi led the team to achieve the best result in history: the seventh place in the world.

Lin Chenxi, who won a bronze medal, was not reconciled.

ACM International Programming Competition for College Students has been held since 1970, and it is called "Olympics in Computer Field". ACM competition takes the school as the unit, and three people work together to solve dozens of complex programming problems in five hours, which not only examines students’ programming ability, creativity and teamwork ability, but also serves as a window for world-class universities to show their educational achievements.

Unwilling to think about it, Lin Chenxi, a junior, decided to apply to coach Yu Yong to repeat the grade and transfer to the computer department: "It’s not that we can’t do it, but that we dare not think about it." In order to win, Lin Chenxi maintained the training rhythm from 9 am to 2 am every day for the next two years, excavated potential Lu Jing and Zhou Jian from the newcomers, and formed a world-class team. They refused to sparring and only fought with themselves. "The team that wants to win the championship has no sparring."

In March, 2002, Lin Chenxi led a team to win the ACM Finals, becoming the first Asian team to win the championship. They won the highest prize. When the returning plane landed, Xie Shengwu, president of Jiaotong University, personally greeted them at the airport with flowers. Lin Chenxi recalled that he was "frightened at that time".

Professor Yu Yong, who led the team, knew that it was time to establish a mechanism to train computer scientists and industry leaders. "The other abilities of this competition assessment are not available in the classroom. It seems that we only teach hard things, but we can’t compete with others. No one emphasizes the soft skills of communication, expression and cooperation. "

On April 26, Jiaotong University won the championship. On June 16, Professor Yu Yong submitted an application to the school to set up a computer experimental class. Two days later, he received an approval. In September, ACM class of Jiaotong University began to enroll students.

In the same year, another key meeting took place in Beijing. The only Chinese professor Yao Qizhi who won the Turing Award, known as the Nobel Prize in Computer Science, visited Tsinghua. At the strong invitation of Professor Yang Zhenning, Professor Yao Qizhi resigned as a tenured faculty member of Princeton University in 2004 and came to teach in Tsinghua University.

After Yao Qizhi came to Tsinghua, he wanted to recruit several graduate students, but after the best students were recruited, they found that "the foundation is not enough, and a lot of knowledge that should be known is unknown". From students to research, it takes a long time to change their thinking and mentality. Yao Qizhi thought that we must start with undergraduates and train first-class undergraduates, so as to train first-class doctoral students and first-class researchers.

In 2005, the computer science experimental class was established. This undergraduate class, called "Yao Ban", was personally developed by Yao Qizhi and the teaching plan was written. Yao Qizhi lectures on the course "Theoretical Computer Science", which takes undergraduates for four hours every week.

ACM class and Yao Ban are very similar in training methods:

• Strengthen the guidance for students to engage in computer research in the direction;

• In terms of teachers, we should break through the school barriers and introduce a large proportion of visiting professors to teach, and try our best to find whoever speaks well;

• Freshmen and sophomores place special emphasis on basic courses, such as mathematical analysis and linear algebra;

• After junior year, he entered the laboratory very early and engaged in scientific research;

• Attach importance to bilingual education, and all courses in Yao Ban are taught in English;

• Attaching importance to internship and communication, junior students of the first ACM class collectively went to Microsoft Research Institute for internship, and half of the students in Yao Ban had the opportunity to exchange abroad.

With the implementation of talent programs such as Thousand Talents Program and Youth Thousand Talents Program, outstanding young talents begin to return, and outstanding undergraduates can have access to top research and have top knowledge.

Dai Wenyuan, Lou Tiancheng, Tang Wenbin, Yinqi, Yang Mu … The founders of these enterprises, who occupy half of the world’s AI unicorns, are all from ACM class and Yao Ban, while Rong Rong, Chen Danqi, Zhao Shuang, Kelly Y Zhou, Bei Xiaohui and others have also begun to make breakthroughs and achievements in the frontier research field of computers, expanding the boundary of human cognition to the unknown mystery.

In 2009, ministries and commissions such as education, China Central Committee, and finance organized and implemented the "Experimental Plan for Training Top Students in Basic Subjects", also known as the "Everest Plan", aiming at attracting the best students to join in basic scientific research and exploring various modes to train famous talents. Class ACM and Yao Ban became pioneers and models of "Everest Plan", which pointed out the way for later changes.

The Landing of "Everest Plan" in Colleges and Universities (Part)

In 2009, Tsinghua University launched the "Tsinghua School Talent Training Plan" and established six Tsinghua school classes, namely, Tsinghua School Mathematics Class, Physics Class, Chemistry Class, Life Science Class, Computer Science Experiment Class and Qian Xuesen Mechanics Class. Second enrollment, independent training, and well-known resources, life science class led by Shi Yigong and "Yao Ban" led by Yao Qizhi were included. As a special teaching place, Tsinghua School, the oldest building in Tsinghua, can be selected as a favored child bearing the glory of history.

In 2010, Zhiyuan College of Shanghai Jiaotong University was officially listed, and ACM class was included in the computer science direction of Zhiyuan College. Zhiyuan College has become the top-notch innovative talent training base and "experimental special zone" of Jiaotong University, providing the best university education for outstanding talents and training well-known students with the strength of the whole school. "Zhiyuan honor plan" has become the goal of Jiaotong University students.

In 2010, the Qiushi Science Class of Zhejiang University was established and incorporated into Zhu Kezhen College. The overall adjustment of the college was to be a science class, a mixed class and an experimental class of humanities and social sciences. Zhu Kezhen College has become an honorary college of Zhejiang University to implement "special training" for outstanding undergraduate students.

In 2011, the "Everest Plan" was included in the sub-plan of the National Youth Talents Development Plan, and was included in the scope of the talent work coordination group together with the "Ten Thousand Talents Plan" and the earlier "Thousand Talents Plan", which became an important part of the national talent strategy.

Talent plan led by the central coordination group for talent work

The industrial foundation laid by Qian Xuesen, the practical spirit of Shi Yigong, and the top-level design of the national strategy have gathered together at this moment, paving the way for the sea of stars in Chen Lijie.

Kai-fu Lee once recalled that when he founded Microsoft Research Asia in 1998, he hired the first batch of fresh graduates as researchers. "No one passed the test.". In 2011, JohnHopcroft, winner of Turing Prize, once commented on Yao Ban: "Yao Ban has the best undergraduate students and the best undergraduate education in the world." For this evaluation, Yao Qizhi confidently believes that it is well deserved.

Young people from ACM class and Yao Ban, and from "Everest Plan", stood at a new height and began to break through in the technical field.

Lin Chenxi, who completed her dream of winning the championship, became the teaching assistant of the first ACM class, and trained the next generation of champions in the ACM class. After graduation, she went to work in Microsoft Asia Research Institute and worked under Wang Jian, then the executive vice president. In 2008, they moved to Alibaba together, struggled in the arduous battle of cloud computing for four years, and completed Feitian’s large-scale cloud computing operating system.

Lin Chenxi, who "feels like a lifetime", founded Etu Technology with his high school classmate Leo Zhu in 12 years and started his business in the field of artificial intelligence. During the G20 period, the Ningbo Municipal Government arranged 10 cameras equipped with map-based capabilities in subway stations at key sections, and arrested 9 fugitives in three weeks.

Dai Wenyuan, who became a member of the first ACM class, inherited from Lin Chenxi, a senior, and won the second international ACM championship trophy in his junior year. Because I went out to participate in the competition, when I chose the research direction in my junior year, only the artificial intelligence direction that was "not hot at all" was left to choose. At that time, when artificial intelligence was unpopular, the tutor Professor Yang Qiang and Dai Wenyuan insisted on this direction.

In 2008, Dai Wenyuan realized the powerful contribution of data to artificial intelligence. In 2009, he gave up the opportunity to study PhD and joined Baidu. Together with Chen Yuqiang, who was an intern at that time, he built a commercial deep learning system-Baidu’s "Fengchao" advertising system. As a result, Baidu’s liquidity was improved by 800%, and Dai Wenyuan was promoted to be the youngest T10 scientist in Baidu. In 2015, Dai Wenyuan and Chen Yuqiang founded the fourth paradigm, hoping to make AI for Everyone in the stage of AI industrialization.

Lou Tiancheng, two grades younger than Dai Wenyuan, entered the first Yao Ban. During his school days, he toured all major competitions and lists at home and abroad, and was honored as the "building leader": the gold medal in the International Informatics Olympic Competition, the champion of the two-time Baidu Star Competition, the first TopCoder in China, the ACM international gold medal, and the champion of the Google Programming Challenge … He joined Google after graduating from Ph.D. in 2012, and later joined the Baidu unmanned vehicle team in Andrew Ng after a short stay in Quaro. At that time, Andrew Ng praised him on FB. In 2016, Lou Tiancheng, as a co-founder, founded Pony.ai, an artificial intelligence company, and helped a group of younger brothers and sisters in Yao Ban to cultivate unmanned driving.

Chen Shixi of Fudan, Lou Tiancheng’s old rival in the programming competition, is an anime fan, and later joined Baidu, where there is a saying that "the south is light and the north is natural". Chen Shixi left a set of machine learning infrastructure mio in Baidu, named after Qiu Shanling, the heroine of the famous cute cartoon "Girl with a Light Voice". mio later became the prototype recommended by companies such as Aauto Quicker, Didi and Meituan. In 17 years, Chen Shixi joined the driverless company Jingchi Automobile, and the same building leader continued to "compete between the North and the South" in driverless driving.

Yao Ban, who won the international ACM gold medal with Lou Tiancheng, devoted himself to academic research, and won the Sloan Prize for "Nobel Prize Vane" based on his research on nonconvex optimization in deep learning for 19 years. His achievements have an important influence on the theoretical research of artificial intelligence. Lou Tiancheng and Rong Rong’s third teammate, Hu Weidong, chose to work as an informatics teacher in the experimental middle school affiliated to Beijing Normal University after graduation, engaged in high school programming teaching, brought out the gold medal in the International Informatics Olympic Competition, brought out dozens of students who walked in Tsinghua, and became the "world gold medal coach" in informatics education, personally practicing the popularization of programming education in middle schools.

Tang Wenbin, the next younger brother of Lou Tiancheng, won the silver medal in the ACM International Competition. When he was in graduate school, his tutor went overseas for half a year and sent him to Microsoft Asia Research Institute for an internship. However, Yinqi, an undergraduate classmate, was making images in the next group of Asia Research Institute. The more they talked, the more they felt that images were the future direction. Robots must need a pair of eyes. In 2012, two people joined Yang Mu, a younger brother who is good at data mining, and founded Defiance Technology to "be the best face recognition cloud platform".

Tang Wenbin and Inch’s classmates Long Fan and Dr. MIT went to the University of Toronto, one of the holy places of artificial intelligence, to teach and study cryptography after graduation. At the end of 2017, at the invitation of Professor Yao Qizhi, he returned to Yao Ban to take a 3-hour cryptography course. In the class, Yao Ban, the classroom teaching assistant and Long Fan had a heated discussion on the expansion problems faced by the current blockchain. In mid-May 2018, this group published the results as a paper "Expanding the Satoshi Nakamoto Consensus to thousands of transactions per second" to explore how to solve the bottleneck of low throughput of public chains. Investment institutions blasted their contact information, and Long Fan and four companions expanded their thesis into the blockchain project Conflux. Four of these five people were born in Yao Ban.

China’s artificial intelligence startups have grown rapidly in the past three years, and six unicorns have appeared, with a total valuation of more than $12 billion. China recommended algorithms, autonomous driving and machine vision, and talents from ACM class and Yao Ban dominated the development of these tracks. What is worth pondering is that Yao Ban and the students in ACM’s class who went abroad to work in Google, Facebook and other overseas places were promoted quickly at the initial stage with their talent and accumulation, but they encountered "glass ceilings" one after another, and it was difficult to re-enter after being promoted to T6 level.

Our predecessors planted trees, while our descendants enjoyed the cool. Because of the excellent example of the predecessors, the subsequent students enjoy more and more resources and board a broader stage, and the top-level student exchange will produce a steady stream of students with top vision.

As Yao Ban Chen Lijie said: I feel extremely honored to be born in such a golden age. I dream that I can become a wave in the spring tide of the golden age and contribute to the wisdom of mankind. On the giant’s shoulder, he can make a declaration calmly:

"I’m Chen Lijie, and I want to be a theoretical computer scientist!"

[1]. Biography of Qian Xuesen, Ye Yonglie

[2]. The intercontinental transfer of Nazi German scientists in exile, Li Gongzhen.

[3]. Competition between the Soviet Union and the United States in outer space during the Cold War (1945-1969), Fan Haihong

[4]. The Cold War and the formation of the American talent attraction mechanism (1945-1960), Liang Maoxin

[5]. Summary report on the pilot program of training top-notch students in basic disciplines (2009-2013)

[6]. China overseas high-level scientific and technological talent policy research, Du Hongliang Zhao Zhiyun.

[7]. The necessity and urgency of the Thousand Talents Program, Shi Yigong

[8]. Top-notch innovative talents training new ideas, Yao Qizhi

[9]. ai Future, Kai-Fu Lee

[10]. Ten years ago, the genius boy, today’s AI golden generation, the daily figure Luo Ting.

[11]. Chen Lijie: I want to be a theoretical computer scientist, Chen Lijie

This article is published by Entrepreneurial State authorized by the columnist, and the copyright belongs to the original author. The article is the author’s personal opinion and does not represent the position of the entrepreneurial state. Please contact the original author for reprinting. If you have any questions, please contact editor@cyzone.cn.