Intellectual Property Law of Chile, Law No. 17.336 (as amended through Law No. 20435, 4 May 2010), available at http://www.wipo.int/wipolex/en/text.jsp?file_id=270205
WIPO study 2014
Specific exceptions
Reproduction for preservation purposes
Article 71L
Specific clause only for libraries and archives, museums are not mentioned; archives not defined in copyright act
Use of works in exhibition catalogues
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Making available for research or study on premises
The use of a work, including phonograms, within the family circle, in educational or charitable establishments, libraries, archive centers or museums, shall not be considered communication or public performance of the work, provided that such use is not for profit.
In such cases, neither the authorization of the author or copyright holder or any payment shall be required.
Nonprofitmaking libraries and archives may, without having to seek the authorization of the author or copyright holder or make any form of payment, make copies of fragments of works that are found in their collections, at the request of a patron of the library or archive, solely for his personal use.
The copies referred to in the foregoing subparagraph may only be made by the respective library or archive center.
It shall be lawful, without remunerating or seeking the authorization of the author, to reproduce and translate for educational purposes, within the framework of formal education or with the consent of the Ministry of Education, small fragments of works or isolated works of a three-dimensional, photographic or figurative nature, excluding school textbooks and university manuals, where such acts are performed solely to illustrate educational activities, insofar as this is warranted and is not for profit, provided that the works in question have already been disclosed and include the name of the author and the source, except in cases where this is impossible.
CHINA
Sources:
WIPO study 2008
Copyright Law of the People’s Republic of China (1990), as amended (2001and 26 February 2010)
Regulations on the Protection of the Right of Communication via Information Network (2006), (as quoted in WIPO study)
Specific exceptions
Reproduction for preservation purposes
Article 22(8)
Works.
For display or preservation of a copy of the work.
The other rights enjoyed by the copyright owner must not be prejudiced.
Without permission from the copyright owner, without payment of remuneration to the copyright owner, unless otherwise noted below.
The name of the author and title of the work should be mentioned.
Article 10 (5)
By printing, photocopying, lithographing, making a sound recording or video recording, duplicating a recording, or duplicating a photographic work, or by other means.
Article 7 of Network Reg.
Allows some preservation copying in digital formats.
Use of works in exhibition catalogues
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Making available for research or study on premises
Article 7, 10 Network Reg.;
Published digital works from the collection or digital copies of works
Technological measures must be taken to:
prevent access to the works by people other than the permitted users;
to prevent material damage to the interests of the copyright owners by the users’ duplication activities.
For public reading via the institution’s network reading system within its premises.
The institutions may not directly or indirectly gain economic interest, except where otherwise agreed by the parties concerned.
The other rights enjoyed by the copyright owner must not be prejudiced.
Remuneration is required.
Use of orphan works
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General exceptions
Reproduction for private purposes
Article 22 (1)
A published work may be used without permission from, and without payment of remuneration to, the copyright owner, for purposes of the user’s own personal study, research or appreciation.
The name of the author and the title of the work should be mentioned and the other rights enjoyed by the copyright owner should not be prejudiced.
Reprographic reproduction
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Use for educational and scientific research
Article 22 (6)
In the following cases, a work may be used without permission from, and without payment of remuneration to, the copyright owner, for translation, or reproduction in a small quantity of copies of a published work by teachers or scientific researchers for use in classroom teaching or scientific research, provided that the translation or the reproductions are not published for distribution.
The name of the author and the title of the work should be mentioned and the other rights enjoyed by the copyright owner should not be prejudiced.
