In order to strengthen the publicity and popularization of intellectual property rights and enhance the awareness of intellectual property rights in the society, on the occasion of the 24th World Intellectual Property Day, let's learn copyright knowledge together!
01
What is Copyright?
Copyright, or copyright, is an exclusive right granted by law to authors for the creation of literary, artistic, and scientific and technological works.
02
What are the copyright holders?
According to the provisions of the Copyright Law, copyright owners include:
(1) Authors;
(2) Other natural persons, legal persons, or unincorporated organizations that enjoy copyright in accordance with the Copyright Law.
03
Works and expressions referred to in the Copyright Law
The term "work" as used in the Copyright Law refers to intellectual achievements in the fields of literature, art and science that are original and can be expressed in a certain form, including:
(1) Written works;
(2) oral works;
(3) Music, drama, opera, dance, or acrobatic works of art;
(4) Works of fine arts and architecture;
(5) Photographic works;
(6) audiovisual works;
(7) Engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works;
(8) computer software;
(9) Other intellectual achievements that conform to the characteristics of the work.
04
The conditions for a work protected by copyright law
(1) It must be original, and the work stipulated in the Copyright Law must be created by oneself and not plagiarized by others.
(2) must be a creation within the fields of literature, art and science;
(3) It must be an intellectual achievement that can be expressed in a certain form such as words, words, symbols, sounds, movements, and colors.
05
What situations does the copyright law not apply to?
Copyright law does not apply to:
(1) Laws, regulations, resolutions, decisions, orders, and other documents of a legislative, administrative, or judicial nature, as well as official translations thereof;
(2) Purely factual information;
(3) Calendars, tables of common numbers, tables and formulas.
06
What are the copyright management departments in mainland China?
According to Article 7 of the Copyright Law, the national copyright department is responsible for copyright management throughout the country, and the local copyright department at or above the county level is responsible for copyright management in its own administrative region.
07
What are the main rights of copyright?
According to Article 10 of the Copyright Law, copyright includes the following personal rights and property rights:
(1) the right of publication, that is, the right to decide whether the work is made public;
(2) the right of authorship, that is, the right to indicate the identity of the author and sign the work;
(3) the right to modify, that is, the right to modify or authorize others to modify the work;
(4) the right to protect the integrity of the work, that is, the right to protect the work from distortion or 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, ripping, reproduction, digitization, etc.;
(6) the right of distribution, that is, the right to make the original or copy of the work available to the public by way of sale or gift;
(7) The right to lease, that is, the right to permit others to temporarily use the original or reproduction of audiovisual works or computer software for a fee, except where the computer software is not the main subject of the lease;
(8) the right to exhibit, that is, the right to publicly display the originals or reproductions of works of art or photography;
(9) the right of performance, that is, the right to perform works in public, as well as the right to publicly broadcast performances of works by various means;
(10) The right of screening, that is, the right to publicly reproduce art, photography, audio-visual works, etc., through projectors, slide projectors, and other technical equipment;
(11) the right of broadcasting, that is, the right to publicly disseminate or rebroadcast works by wire or wireless means, as well as the right to disseminate broadcast works to the public through loudspeakers or other similar means of transmitting symbols, sounds or images, but excluding the rights provided for in item 12 of this paragraph;
(12) the right of information network dissemination, that is, the right to make the work available to the public by wire or wireless means, so that the public can obtain the work at a time and place of their choosing;
(13) the right of filming, that is, the right to fix the work on the medium by the method of filming the audiovisual work;
(14) the right of adaptation, that is, the right to change a work and create a new work with originality;
(15) the right of translation, i.e., the right to convert a work from one language to another;
(16) the right of compilation, that is, the right to assemble a work or a fragment of a work into a new work through selection or arrangement;
(17) Other rights that shall be enjoyed by the copyright owner.
Copyright owners may permit others to exercise the rights provided for in items 5 through 17, and receive remuneration in accordance with the agreement or the relevant provisions of this Law.
Copyright owners may transfer all or part of the rights provided for in items 5 through 17, and receive remuneration in accordance with the agreement or the relevant provisions of this Law.
Source ▏ Network