Copyright has geographical protection. The corresponding copyright laws in China are different from those in other countries. Copyright belongs to a kind of intellectual property, and the issue of regional protection involves the characteristics of copyright, and the international and regional nature of copyright are not contradictory.
(A) the regionality of intellectual property rights. Intellectual property rights recognized and protected by the laws of a country have legal effect only within the territory of that country.
According to the provisions of the Paris Convention and the universal copyright convention, regionality refers to the right granted by a country according to law, which is only valid within the legal jurisdiction of that country and is not binding on other countries, and foreign countries do not undertake protection obligations.
(2) Internationalization of intellectual property system refers to the gradual simplification, unification and internationalization of intellectual property systems in all countries in the world in terms of substantive content and application for approval.
The regionality of intellectual property rights (intellectual property rights are intangible and easy to spread), on the one hand, makes the intellectual achievements produced in China unable to obtain natural protection abroad; On the other hand, due to the rapid development of media and communication tools and the increasing frequency of international exchanges, a large number of intellectual achievements can easily cross national borders and enter other countries. If these intellectual achievements are not effectively protected internationally, it will inevitably affect and hinder international trade and normal scientific and technological cultural exchanges and cooperation. The international development of intellectual property system reflects the objective requirements of international scientific, technological and economic development. Because of this, countries all over the world concluded the Paris Convention for the Protection of Industrial Property in Paris on 1883, which came into effect on 1884. China formally joined the Paris Convention on March 1985. In addition, China has joined the international conventions on intellectual property protection: madrid agreement concerning the international registration of marks, Berne Convention for the Protection of Literary and Artistic Works, universal copyright convention, Patent Cooperation Treaty, etc.
2. What are the personal rights and property rights contained in copyright?
Copyright includes personal rights and property rights, as follows:
Article 10 of the Copyright Law includes the following personal rights and property rights:
(a) the right to publish, that is, the right to decide whether the work is open;
(2) the right of signature, that is, the right to indicate the identity of the author and sign his name on the work;
(3) the right to modify, that is, the right to modify or authorize others to modify a work;
(four) the right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering;
(5) the right of reproduction, that is, the right to make one or more copies of a work by means of printing, photocopying, rubbing, audio recording, video recording, reproduction or reproduction;
(6) the right of distribution, that is, the right to provide the original or duplicate of a work to the public by way of sale or gift;
(7) the right to rent, that is, the right to temporarily license others to use film works, works created by methods similar to filming, and computer software, except that computer software is not the main object of rent;
(8) The right to exhibit, that is, the right to publicly display the original or duplicate of an artistic work or photographic work;
(nine) the right to perform, that is, the right to publicly perform a work and publicly broadcast the performance of the work in various ways;
(10) the right of projection, that is, the right to publicly copy art, photography, movies and works created by methods similar to filming through projectors, slide projectors and other technical equipment;
(11) Broadcasting right, that is, the right to publicly broadcast or disseminate works by wireless means, broadcast works to the public by wired or rebroadcast means, and broadcast works to the public through loudspeakers or other similar tools for transmitting symbols, sounds and images;
(12) the right of information network communication, that is, the right to provide works to the public by wired or wireless means, so that the public can obtain works at the time and place they choose;
(13) the right to make a film, that is, the right to fix a work on a carrier by making a film or by similar methods;
(14) the right of adaptation, that is, the right to change a work and create a new work with originality;
(15) the right to translation, that is, the right to convert a work from one language into another;
(16) the right of assembly, that is, the right to assemble a work or fragments of a work into a new work through selection or arrangement;
(seventeen) other rights that should be enjoyed by the copyright owner.
The copyright owner may license others to exercise the rights specified in Items (5) to (17) of the preceding paragraph and get remuneration in accordance with the agreement or the relevant provisions of this Law.
The copyright owner may assign all or part of the rights specified in Items (5) to (17) of the first paragraph of this article and get remuneration in accordance with the agreement or the relevant provisions of this Law.
How to inquire about copyright? There are two ways to query copyright: China Copyright Protection Center makes a query request and obtains the query results on its website; Or visit the website of China Copyright Protection Center.
Copyright, also known as copyright, refers to the author's exclusive rights to the literary, artistic and scientific and technological works he created. Copyright is a civil right enjoyed by citizens and legal persons according to law and belongs to intangible property rights.
If you want to register the copyright of a work, you usually have to go through the following procedures:
1. Materials to be submitted for job registration:
(1) Work registration application;
(2) identification documents of the author or other copyright owner;
(3) Proof of the ownership of the copyright of the work;
(4) Description of the work;
(5) the power of attorney of the agent and his identity certificate (copy);
2. Fill in the work registration form and the right guarantee, and pay the work registration fee;
3. After receiving the application materials for work registration, the work registration authority shall conduct verification in accordance with the provisions, and the verification period shall be one month, counting from the date when the work registration authority receives all the application materials submitted by the applicant. 4. Upon verification, the works that meet the conditions of voluntary registration shall be issued with a work registration certificate by the work registration authority, and shall be announced through the relevant copyright information publications and the website established by the work registration authority.
Article 11 of the Copyright Law of People's Republic of China (PRC) belongs to the author, except as otherwise provided in this Law.
The natural person who creates a work is the author.
A work presided over by a legal person or an organization without legal personality, created on behalf of the will of the legal person or organization without legal personality, and for which the legal person or organization without legal personality is responsible, shall be regarded as the author.
Article 2 Works of China citizens, legal persons or unincorporated organizations, whether published or not, shall enjoy copyright in accordance with this Law.
The copyright enjoyed by the works of foreigners and stateless persons in accordance with 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 shall be protected by this Law.
Works of foreigners and stateless persons first published in China shall enjoy copyright in accordance with this Law.
The works of authors and stateless persons from countries that have not signed agreements with China or participated in international treaties shall be first published in the member countries of international treaties to which China is a party, or published in both member countries and non-member countries at the same time, and shall be protected by this Law.
Did copyright registration pass the inquiry? How to inquire? How to check whether the copyright is registered:
(1) website query. That is, log in to official website, the work registration authority;
(2) offline query. That is, the parties go to the registration authority in person, fill in the access registration form, pay the access fee, and file an inquiry application.
legal ground
Trial Measures for Voluntary Registration of Works Article 9
After the works are verified by the Works Registry, the Works Registry will issue a certificate of registration. The work registration certificate shall be made by the registration authority according to the samples attached to these Measures. The verification period of the registration authority is one month, counting from the date when the registration authority receives all the application materials submitted by the applicant.
Article 10
The work registration form and work registration certificate shall contain the work registration number. The format of the work registration number is Zuo Deng Zi: (area code)-(year)-(work classification number)-(serial number). The work registration number registered by the National Copyright Administration does not include the area number.
Article 12
The registration of works should be managed by computer database and open to the public. For consulting works, the consulting registration form should be filled in and the consulting fee should be paid.