1, written works;
2. Oral works;
3. Music, drama, folk art, dance and acrobatic works;
4. Artistic and architectural works;
5. Photographic works;
6. Film works and works created by similar film production methods;
7. Graphic works and model works such as engineering design drawings, product design drawings, maps and schematic diagrams;
8. Computer software;
9. Other works as prescribed by laws and administrative regulations.
Works of China citizens, legal persons or other organizations, whether published or not, enjoy copyright in accordance with the Copyright Law.
The copyright enjoyed by the works of foreigners and 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 shall be protected by the copyright law.
The works of foreigners and stateless persons first published in China enjoy copyright in accordance with the copyright law.
The works of authors and stateless persons in countries that have not signed agreements with China or participated in international treaties are 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 are protected by copyright law.
First, how to identify the subject of copyright.
Also known as the copyright owner, that is, the person who enjoys the copyright of literary, artistic and scientific works according to law, including natural persons, legal persons and other organizations, under certain conditions, the state may also become the subject of copyright.
1, original subject and subsequent subject. The basis of division is the way of obtaining copyright.
Original subject: refers to the person who directly enjoys the copyright of the work according to the law or contract after the work is completed, but does not enjoy other basic rights. Generally, it is the author. Under special circumstances, natural persons or organizations other than the author may also become the original subject of copyright.
Heir: a person who obtains all or part of the copyright through assignment, inheritance, gift or other means prescribed by law.
2. Domestic subjects and foreign subjects. Classification is based on the nationality of the copyright owner.
Difference: Because the copyright law has a very strict regionality, there are obvious differences between internal and external treatment.
3. Full copyright subject and partial copyright subject. According to the integrity of the copyright enjoyed by the subject.
Complete subject: refers to the author who enjoys all the property rights and personal rights of his works.
Partial subject: refers to the person who obtains part of the copyright through transfer or inheritance.
(1) The authors of creative works are generally complete copyright subjects. If the author transfers part or all of his property rights to others, he only owns part of his property rights or personal rights, then the author becomes a part of the copyright subject.
(2) In some cases, the author may not even be or no longer be the subject of copyright. For example, in China's copyright law, the legal person is regarded as the author, but the actual natural person author is not the subject of copyright.
Second, what does the copyright law not protect?
The scope not protected by copyright law includes:
1. Works whose publication and dissemination are prohibited according to law. A work protected by copyright law requires not only the form, but also the legal content, and shall not violate the Constitution, laws, regulations, policies and resolutions of the Party.
2. Works that violate social morality and disturb public order.
3. Works that enter the public domain. After the expiration of the protection period, the work will enter the public domain. The property right of his works is not protected by copyright law, and anyone can use them without the author's consent and without paying any remuneration, but it cannot damage the personal rights of the author of the works.
4. It is not a work in the sense of copyright law. Including national documents and official translations of legislative, administrative and judicial nature. Current affairs news. Calendars, general tables, general tables and formulas.
Third, what is copyright?
Copyright refers to the author's exclusive right 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.
Copyright mainly includes the following rights: the right to publish, the right to sign, the right to modify, the right to protect the integrity of the work, the right to copy, the right to distribute, the right to rent, the right to exhibit, the right to perform, 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.
Fourthly, explain the types of objects protected by copyright law in detail.
1, written works
It refers to the works that express thoughts or feelings in words or various symbols and numbers equivalent to words, which are the most numerous, common and widely used works in daily life, such as novels, essays, papers, plays, textbooks, scientific monographs and their translations, statistical reports, music scores, etc. It should be noted that not all written works are protected by copyright law, but whether they are creative. If they are not creative, they are not protected, such as train schedules and telephone directories, and if they are not original, they are not protected.
2. Oral works
Oral works refer to works that are only expressed orally without using any carrier form for reference, such as impromptu speeches, lectures, court debates, storytelling, etc. The author expresses his ideological connotation through oral expression. Without words, oral works have the nature of works. Although there is no written carrier, they all belong to the category of works. In order to prevent unlimited abuse of oral works, China has included them in the scope of protection.
3. Music, drama, folk art, dance and acrobatic works.
Musical works refer to songs, symphonies and other works with or without words that can be sung or played. Musical works should protect the labor achievements of songwriters who create music. Dramatic works are works that combine people's continuous actions, lines, lyrics and songs. For the stage performance. Dramatic works protect the script itself. Quyi works are literary forms with rap as the main form. Quyi works, like drama works, protect the repertoire rather than the performance and rap of Quyi. Dance works refer to works expressed through continuous movements, postures and expressions. Dance works are mostly expressed by oral or physical movements, so the expression of these primitive movements and postures becomes the object of protection. Acrobatic art works refer to acrobatics, magic, circus and other works expressed through body movements and skills. Acrobatic works of art should protect the artistic elements in acrobatic works, such as script, action arrangement and modeling. , and does not include acrobatic movements and technical difficulties.
4. Artistic and architectural works
Art works refer to plane or three-dimensional plastic art works with aesthetic significance, such as painting, calligraphy and sculpture, which are composed of lines, colors or other ways. China's copyright law not only protects pure works of art such as painting and sculpture, but also protects practical works of art. Architectural works refer to works with certain aesthetic significance such as architectural objects, architectural design drawings and architectural models. Architectural works can exist independently and enjoy copyright protection. Buildings built purely for practical purposes are not architectural works.
5, photographic works
Photographic works refer to artistic works that reproduce objective things in a specific medium by means of photographic equipment and applying optical and chemical principles. Photographic works are not simple copying, but include the author's creation, the author's conception and other intellectual labor, which can highlight the author's thoughts.
6. Movies and works created by methods similar to filming.
Film works and works created by methods similar to movies refer to works shot on a certain recording medium, consisting of a series of audio or silent pictures, and projected and played through appropriate devices. Film and television works need directors to integrate music, photography, art, scenery, lighting, characters and so on. , including the director's great creative works and other independent objects protected by copyright. Film and television works are a combination of a series of works. Different from video works, in film and television works, scripts, music and other works can enjoy copyright separately.
7. Engineering design drawings, product design drawings, maps, schematic drawings and other graphic works and model works.
Graphic works and model works such as engineering design drawings, product design drawings, maps, schematic diagrams, etc. refer to drawings drawn for engineering construction and product production, as well as text descriptions of drawings. Such works should be drawn according to scientific laws, and it should be clear that products built or produced according to design drawings are not within the scope of copyright, and should be protected by laws such as patent law and technology contract law, and these laws should be applied.
8, computer software
Computer software refers to computer programs and related documents. A computer program refers to a coded sequence that can be executed by a computer or other equipment with information processing function, or a symbolic instruction or sentence sequence that can be automatically converted to obtain a certain result. Documentation refers to written materials and charts used to describe the content, composition, design, functional specifications, development, test results and use of the program, including program design instructions, flow charts and user manuals. Computer programs are different from general copyright protection objects. In addition to protection in accordance with the provisions of the copyright law, laws and regulations such as the Regulations on the Protection of Computer Software and the Measures for the Registration of Computer Software Copyright are also applicable.
9. Other works as prescribed by laws and administrative regulations.
With the development of science, technology and cultural undertakings, the objects to be protected will constantly change, and some new forms of works may appear in the future. This provision can maintain the stability and flexibility of copyright law for a long time.
legal ground
Copyright Law of People's Republic of China (PRC) 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.
Article 3 The term "works" as mentioned in this Law refers to intellectual achievements that are original and can be expressed in a certain form in the fields of literature, art and science, including:
(1) Written works;
(2) Oral works;
(3) Music, drama, folk art, dance and acrobatic works;
(4) Artistic and architectural works;
(5) Photographic works;
(6) Audio-visual works;
(seven) engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works;
(8) Computer software;
(9) other intellectual achievements that meet the characteristics of the work.