About copyright registration. In our country, copyright registration is not a prerequisite for obtaining copyright, but the certificate of copyright registration is a preliminary certificate of registered items, which can be used as a certificate for claiming rights or bringing administrative treatment or litigation over rights disputes. Computer software can be registered through China Copyright Protection Center; Other original works: writing, art, photography, movies, music, architectural works, engineering design drawings, etc. , can be registered by the provincial copyright registration department. In some countries, if the work is not registered, it will have some bad consequences.
On the creative conditions of works. According to the general theory, the composition of a work needs to meet three conditions: first, it has some spiritual content, that is, the work must have some ideological or aesthetic spiritual content; Second, the above spiritual content needs to be expressed through certain forms of expression. The idea that stays in the brain cannot be called a work, but must be expressed concretely. In addition, it needs to be produced outside, but it doesn't matter whether it is preserved like recording or writing or improvised and fleeting like singing or speaking; Third, we should be original, that is, works completed through personal intellectual labor. Obviously plagiarism doesn't count. Obviously, the works created by modern people can't be castles in the air. They often use works that have been created by predecessors or works that people can freely use in the public domain. The work created in this way only enjoys the copyright of its original part, which can be understood as the existence of its original fragments and the whole work.
Types of works that can be protected by copyright law. China's copyright law lists eight kinds of works. Different scholars have different views on whether works that cannot be classified into the above categories are protected by copyright law. But at least in the field of network communication, the judicial interpretation issued by the Supreme People's Court has confirmed that there is no limit to the extension of works, which is decided by the judge according to the actual situation.
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, 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.