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Generally, the author is the copyright owner, but for example, if the copyright is transferred (sale, gift, inheritance), then at this time, the copyright owner is not necessarily the author, and if it is a commissioned design, then there is an agreement to belong to the client, then the client is the copyright owner, and for example, it is a service work, the unit is the copyright owner, and the author only has the right of authorship.
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The author and the copyright owner are sometimes the same subject, and sometimes they are not the same subject, so it cannot be said that the author is the copyright owner. The author is the person who creates the work, and under normal circumstances, the author is the person who creates the work and the copyright owner, and enjoys the moral rights and property rights of the author in accordance with the law, and the author and the copyright owner are overlapping. However, since the property rights in copyright can be transferred or inherited, a natural person, legal person, or combination that is not the author can also become a copyright owner through inheritance, inheritance, transfer, etc.
In addition, the ownership of the copyright of the commissioned work shall be agreed upon by the client and the trustee through the contract, and if the contract does not expressly stipulate or no contract is concluded, the copyright belongs to the trustee. Therefore, the author's copyright can be transferred to others through inheritance, inheritance, assignment, contract, etc., and he himself is no longer the copyright owner, but it does not affect that he is still the author of the work.
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In general, after the creation of a work is completed, the author is the copyright owner.
Unless otherwise agreed.
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Legal Analysis: The differences between authors and copyright owners are as follows:
1. The main body is different. The author refers to the creator of the work, while the copyright owner refers to the person who enjoys the copyright rights and bears the copyright obligations;
2. The scope of rights is different. The author does not necessarily enjoy the copyright of the work, but the copyright owner must enjoy the copyright of the work;
3. Other differences.
Legal basis: Copyright Law of the People's Republic of China
Article 18: Works created by natural persons to complete the work tasks of legal persons or unincorporated organizations are service works, and except as provided in paragraph 2 of this article, the copyright is enjoyed by the authors, but the legal person or unincorporated organization has the right to use it preferentially within the scope of its operations. Within two years of the completion of the work, without the consent of the unit, the author shall not permit a third party to use the work in the same way as the unit.
Article 9 Copyright holders include:
a) Author; 2) Other natural persons, legal persons, or unincorporated organizations that enjoy copyright in accordance with this Law.
Article 19: The ownership of the copyright of a commissioned work shall be agreed upon by the client and the trustee through a contract. If the contract does not expressly stipulate or no contract is concluded, the copyright belongs to the trustee.
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Legal analysis: The difference between a copyright owner and an author is that the copyright owner is not necessarily the author, but the author is generally the copyright owner. The copyright owner is the subject of protection under the Copyright Law
That is, the person who enjoys the copyright right and bears the copyright obligation; The citizen who creates the work is the author, and the natural person who directly creates the work is the original subject of copyright. The so-called directly created works refer to works in which the author directly (including written, oral and three-dimensional formal expressions) directly (including written, oral and three-dimensional expressions) reflects his thoughts and feelings, personality and characteristics through his own independent conception and use his own skills and methods.
Helping authors revise manuscripts, proofreading, reviewing, etc., cannot become authors, because they are modified on the basis of the author's creation.
Legal basis: Copyright Law of the People's Republic of China
Article 2 The works of Chinese citizens, legal persons or unincorporated organizations, regardless of whether they are published or not, enjoy copyright in accordance with this Law.
Article 9: Copyright holders include: (1) authors; 2) Other natural persons, legal persons, or unincorporated organizations that enjoy copyright in accordance with this Law.
Article 13: The copyright of a work produced by adapting, translating, annotating, or arranging an existing work is enjoyed by the person who adapted, translated, annotated, or arranged, but the copyright of the original work must not be infringed upon when exercising copyright.
Article 15: The compilation of several works, fragments of works, or data or other materials that do not constitute a work, and the selection or arrangement of their content that embodies originality, is a compilation work, and the copyright of the compiler is enjoyed by the compiler, but the copyright of the original work must not be infringed upon when exercising copyright.
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It refers to a work in which the author directly reflects his thoughts and feelings, personality and characteristics through his own independent conception and use his own skills and methods. Helping authors revise manuscripts, proofreading, reviewing, etc., cannot become authors, because they are modified on the basis of the author's creation. 1. Legal persons and unincorporated units that are regarded as authors are also the original subjects of copyright
2. Citizens, legal persons and unincorporated units who sign the works; If there is no proof to the contrary, it is the author.
Legal basis: Article 9 of the Copyright Law of the People's Republic of China Copyright owners include: authors and other citizens, legal persons or unincorporated entities that enjoy copyright in accordance with this Law.
Article 22 of the Copyright Law of the People's Republic of China stipulates that the use of a work under the following circumstances may be carried out without the permission of the copyright owner and without payment of remuneration to him, provided that the name of the author and the title of the work shall be indicated, and shall not infringe other rights enjoyed by the copyright owner in accordance with this Law: >>>More
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