According to the latest interpretation of China's copyright law, all works obtained through intellectual labor and independent innovation can be included in the protection scope of copyright law. Therefore, from this perspective, the planning case should be included in the scope of protection of copyright law.
2. Does the author have copyright?
It depends on the circumstances under which you created this planning case. If you created it because someone hired you, or because of work needs, then the copyright does not belong to you. If you want to write it yourself and then write it, then you are the copyright owner.
3. Acquisition of copyright.
According to Article 11, Section 2, Chapter 2 of People's Republic of China (PRC) Copyright Law,
"Citizens who create works are authors.
A work presided over by a legal person or other organization, created on behalf of a legal person or other organization, and in the charge of a legal person or other organization shall be regarded as the author.
If there is no proof to the contrary, the signed citizen, legal person or other organization shall be the author. "
So as long as you sign the work, you naturally get the copyright.
4. Solutions to copyright disputes with TV stations
You need to sign a detailed contract with the TV station and agree to use your plan. Key points include
How does the TV station use your plan?
B TV station should pay you for this, including the payment standard and detailed payment method.
Third, both parties' liabilities for breach of contract
When signing the contract, it is recommended that a lawyer be present to examine and approve the contract for you.
5。 Other suggestions
Be sure to keep the original work and sign it. But it doesn't have to be notarized.
The reason is:
A Keeping the original manuscript and signing it can prove to the greatest extent that you are the original author of the planning case and that you have the copyright of the planning case. This is the most common and effective means.
B. give up notarization. Because creative imitation is inevitable. However, there is no effective solution to this problem in China's current laws. Therefore, the role of notarization is not great, but it will cost a lot of notarization fees.
When imitation is inevitable, you should focus on the contract with the TV station, which is more realistic and can protect your rights and interests to the maximum extent.
Be careful when signing contracts with TV stations. All the terms need to be carefully scrutinized, and it's best to have a trusted lawyer examine them for you.
The more detailed the contract, the better. In particular, you must be very clear about the purpose and reward of your work. The main points are:
1. Where is the work used?
2. Can the TV station authorize others to use your work (if so, your due reward needs to be increased)
3. How did you get your reward, the income from sharing the program with the TV station or the cash paid to you in one lump sum?
4. If it is revenue sharing, what is the proportion? How do you know how much revenue the TV station actually earns?
5. The method and deadline of payment.
6。 Liability of both parties for breach of contract
Above!