The copyright enjoyed by a legal person ends on December 31 of the 50th year after the work is first published. How to understand it?
The copyright protection period enjoyed by a legal person is as follows:
1. The protection period of the author’s personal rights such as the right to authorize, modify, and protect the integrity of the work is not limited.
2. For citizens’ works, the protection period for the right to publish and the 14 property rights stipulated in the Copyright Law is the life of the author and fifty years after the death of the author, ending in December of the fiftieth year after the death of the author. 31st; if it is a joint work, the deadline is December 31st of the fiftieth year after the death of the last author.
3. For professional works owned by legal persons or other organizations, the right to publish and the 14 property rights stipulated in the Copyright Law are protected for fifty years. , ends on December 31, the fiftieth year after the work was first published, but if the work has not been published within fifty years from the completion of its creation, this law will no longer protect it.
4. For film works, works created by methods similar to filmmaking, and photographic works, the right to publish and the 14 property rights stipulated in the Copyright Law are protected for fifty years, ending after the first publication of the work. On December 31 of the fiftieth year, if the work has not been published within fifty years since its creation, the copyright law will no longer protect it. How to understand works under my country’s copyright law
This is too long.
Works refer to intellectual achievements in the fields of science, literature, and art that are original and can be reproduced in some tangible form.
1. The main thing is to analyze what originality is.
2. Objects not protected by my country’s copyright law
3. The main types of works
These words will definitely exceed 2,000 words
You can refer to Wang Qian's "Copyright Law" from Peking University Press, which writes very clearly about the works. In copyright law, how do we understand “when the work is completed”?
When the work is completed means: the author's legally protected rights begin from the moment the work is completed. For example, a writer creates a novel, March 22, 2015, 22:22 The final draft was completed in 22 seconds, and the rights protected by copyright law began from this moment. If a software engineer develops a piece of software and completes the development at 23:23:23 on March 23, 2015, then he owns the copyright of the software starting at 23:23:23 on March 23, 2015. Conditions for the establishment of works in which legal persons enjoy copyright
Article 9 of the Copyright Law stipulates that there are two categories of copyright holders of works: one is the author; the other is other citizens, legal persons or other organizations that enjoy copyright in accordance with the law. In practice, according to the status of the owner of the rights to the work, works can be divided into personal works, professional works and legal person works.
For any work hosted by a legal person or an unincorporated unit, created on behalf of the will of a legal person or an unincorporated unit, and for which the legal person or unincorporated unit bears responsibility, the legal person or unincorporated unit shall be regarded as the author.
In the absence of proof to the contrary, the citizen, legal person or unincorporated entity that signs the work is deemed to be the author.
According to Articles 11 to 18 of the "Copyright Law", there are 8 situations regarding copyright ownership. However, in addition to legal person works and professional works, basically who makes the work original and who He is the author of the work, and therefore the copyright holder of the work, that is, the subject of the copyright.
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As long as they are not If an adult is the creator of a work, he or she enjoys the copyright of the completed work.
How to understand that copyright law protects the expression of works rather than ideas
Ideas are abstract. .
And it is not a crime to be subjective. How to understand the relationship between the author, the work and the copyright?
For example, the novel "Red Sorghum". This is a work by the author "Mo Yan".
If someone also writes a novel called "Red Sorghum", of course it is allowed. It's just that the publication "number" is different.
Just like you folded a "paper airplane" out of paper, it is your work.
If your work is not required, not required, or required to be "published in certain media," then this (this) work will spread privately among the people and become popular. If you want to gain profits and gain both fame and fortune at this time, it will be difficult. Because there is no "credential" to prove that you created the work in the first place.
This phenomenon also exists. Let’s just talk about the 1958 violin concerto “Butterfly Lovers.” That was the graduation work of two classmates. There was no “claim” to ownership of the work at that time. In 2008, they raised the copyright issue of "Butterfly Lovers". Alas, they only worked hard for a while to gain fame, but nothing happened.
Our country has a "Copyright Law". It specifically addresses the ownership rights of works. You can look it up on the "China *** Net". Why is it that after you wrote an article and it was first published in the "Changjiang Daily", you are not allowed to publish it in other media such as the "Guangxi Daily"? The copyright belongs to you, and the publishing rights belong to Changjiang Daily. "Double submission of a manuscript" is the most taboo among literati, and it is a matter of moral character. If Guangxi Daily reprints this article from Changjiang Daily, it will only need to pay Changjiang a "reprinting fee." At the same time, we can no longer give you the remuneration for "second publication". In order to avoid this kind of situation from happening, you will often be paid two months after the newspaper is published. (What if someone raises a dispute during this period: saying that the article was originally his work).
In short, copyright is an individual’s behavior; copyright is another person’s behavior. Don’t we often see the words “Copyright and no reproduction allowed”? Of course, for classical literature, such as "A Dream of Red Mansions", you and I have adapted it into film and television works again and again, and there is no need to pay royalties. This is much more advantageous. How to understand the protection of originality of artistic works by copyright law
Originality, also known as originality or originality, refers to the non-imitation (non-plagiarism) and difference of a work that is created independently sex. As long as a work is not a complete or substantial imitation of an existing work, but is the product of the author's independent conception and is different from the existing work in its form of expression, it can be regarded as original and thus regarded as a work. This is a new work rather than a reprint of an existing work.
Originality only refers to the form of expression of the work, and does not involve the ideas, information and creative techniques contained or reflected in the work. Although a scientific treatise uses the ideas, information and creative techniques of an existing work, as long as it does not completely or substantially imitate the structure and language used by the existing work to express such ideas and information, it will not be consistent with the existing work. Where there is difference, there is originality. Of course, this does not mean that using ideas and information from existing works in a work does not involve ethical or other legal norms under any circumstances.
The originality requirements of a work are different from the novelty requirements of inventions in the patent system. The novelty requirement for an invention means that the invention must be first-of-its-kind and unprecedented. The originality requirement of a work only means that the work is non-plagiarized and different, even if the form of expression is coincidentally similar to an existing work. For example, two similar photos produced by two people taking the same scene at the same location and at the same time can both become works under the Copyright Law and be protected separately since they are not the product of copies of each other. How to understand the duality of copyright content
How to explain the duality of rights in copyright? Copyright has the characteristic of dual rights, that is, personal rights and property rights coexist. This is the objective basis for certain rights in copyright to obtain compensation for mental damage. According to the provisions of the Copyright Law, authors can include citizens, legal persons and other organizations.
Therefore, the personal rights of legal persons and other organizations should be protected in the same way as citizens.
In the judicial practice of copyright infringement, compensation for mental damages has been applied to the protection of the author’s personal rights. For example, in a case of infringement disputes arising from the sale of counterfeit works of art signed by others, the Supreme Court stated in its reply to the Shanghai High Court’s request for instructions: “The scope and amount of compensation should be based on the plaintiff’s losses due to the infringement. All actual losses, including material losses and moral damages, as well as the comprehensive circumstances of this case shall be determined. "Practice has proved that only when the personal rights of the copyright are fully protected and the author can obtain moral compensation for the infringement of his moral rights, the protection of the copyright can be called complete. protection.
However, the compensation for mental damages stipulated in the general principles of civil law in my country is not unlimited. It is restricted by conditions such as the type of rights infringed, the degree of rights infringement, the subjective state of the actor, and the application of other forms of civil liability. In fact, some other countries also have legal conditions for compensation for mental damages. Therefore, compensation for moral damage to personal rights in copyrights should also be limited. These restrictions are as follows: 1. The application of moral damage compensation should be in accordance with the law or the relevant judicial interpretation of the Supreme Court. It can only be applied to the protection of moral interests of personal rights in copyright infringement, and the scope of application should not be arbitrarily expanded; 2. For ordinary infringement circumstances, First of all, the form of civil liability should be applied to stop the infringement, eliminate the impact, and make a public apology, but not compensation; 3. Although the circumstances of infringement of personal rights and interests in copyright are general, but property losses are caused, compensation can be made for the actual losses caused, and at the same time The civil liability forms of stopping the infringement, eliminating the impact and making a public apology are applicable. 4. If the mental damage is serious and other forms of civil liability are not sufficient to protect the rights and interests of the victim, compensation for mental damage should be applied. Do works with the generic name "Yiming" still enjoy copyright?
Anonymous signed works are unconfirmed and unclaimed representations by the copyright owner, which does not mean that they do not enjoy the copyright. The relevant rights and protection belong to the China Music Copyright Association.