Litigation about copyright

Copyright (English name: copyright) refers to the rights enjoyed by the authors of literary, artistic and scientific works (including property rights and personal rights). Copyright is a kind of intellectual property, including natural science, social science, literature, music, drama, painting, sculpture, photography and film works. "?" Symbol played in the computer: "Alt+0 169"

Edit according to law

According to the provisions of the Copyright Law, the copyright owner can enjoy the exclusive right to the work within the time limit prescribed by law. Generally speaking, if others need to use a work, they should obtain the permission of the copyright owner in advance and pay them remuneration. However, the copyright law also stipulates several situations. Under the way of use stipulated by law, this kind of use does not need to obtain the permission of the copyright owner, nor does it need to pay remuneration to him. The term of copyright is simply 50 years after death, and the term of spiritual rights such as the right of signature is infinite; For units and legal persons, it is 50 years after the first publication of the work.

The works first published by foreigners or foreign countries in China are protected by the laws of China. Others are determined according to international treaties. Most important countries have acceded to the same international treaties as China, and works made in these countries are also protected by China's copyright law. According to the theory, copyright is regional, that is to say, countries promise to protect the intellectual property rights of works, but how to protect it, what rights the author has and how long the protection period is up to each country. Obviously, the use of works in China needs to be judged according to China's copyright law, and the use in the United States needs to be judged according to American copyright law.

Copyright, also known as copyright, includes the following personal rights and property rights: the right to publish, the right to sign, the right to modify, the right to protect the integrity of works, the right to copy, the right to distribute, rent, the right to exhibit, the right to perform, the right to show, the right to broadcast, the right to spread information on the Internet, the right to film, the right to adapt, the right to translate and the right to assemble, and other rights that copyright owners should enjoy.

The copyright enjoyed by the works of stateless persons according to the agreement signed between the country to which the author belongs or the country of habitual residence and China or the international treaties to which * * * is a party is protected by Chinese laws. The works of foreigners and stateless persons were first published in China, and their copyright was protected by China law from the date of publication in China.

Illegal reprint

Forcibly reprinting under the circumstances that the author explicitly prohibits reprinting, although indicating the author and pointing to the original text through a link, is still an infringement.

Before, there was no special legal text for Internet management. At present, the most comprehensive Internet regulations are the Regulations on Internet Work issued by the State Council. The Internet has been developing rapidly, and we look forward to a comprehensive and perfect Internet law.

Copyright restriction

From the beginning of the copyright law, copyright restriction and copyright protection go hand in hand: copyright protection provides material and spiritual incentives for the creation and dissemination of works, while copyright restriction ensures that the public can obtain works in time and share the benefits brought by cultural progress and artistic prosperity to the maximum extent. To balance the interests of authors and the public from the legislative purpose of copyright law, we can't neglect one thing. Copyright protection and copyright restriction are in an eternal conflict, and they always pursue the dynamic balance of harmonious existence. A history of copyright development is actually a history of constantly adjusting the balance between protection and restriction with the pace of technological progress.

With the advent of the digital network era, the cost of copying and disseminating works is getting lower and lower, and the quality of copying is perfect. Ubiquitous private copying has seriously damaged the interests of copyright owners and touched the traditional balance of copyright system to a certain extent, so copyright owners have tried their best to strengthen copyright protection and remove restrictions on copyright-as the white paper "Intellectual Property and National Information Infrastructure" published by the United States said: "In the digital world, the scope of application of fair use system will continue to shrink, if not. In fact, as the history of copyright development shows, even in the network age, there is still room for copyright restriction system based on the needs of human rights protection, promoting competition, protecting public interests and public policies. " Even if digital technology will change everything, it can't change the interest relationship between authors, publishers, record producers and readers. Maintaining the balance of the above interests is the eternal goal of copyright law.