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When it comes to copyright, we often mention the right of authorship. So what is the right of authorship? What is the specific content of the right of authorship?
As an intangible property right, copyright is a complex civil right, which has objectively become one of the most complex and esoteric branches of law. The right of authorship is the most basic of these complex civil rights. What is the specific content of the right of authorship?
1. The right to sign instructions. If the work is published under the name of the work, the signature of the work shall be indicated when it is later used publicly by other persons in various forms such as publication, broadcasting, or adaptation. Proceeding from the essence of the right of authorship, when making public use of one's work, the author's name, title of the work or source should be indicated without the author's prior special consent.
2. The right to decide whether to sign or not to sign. Because the right of authorship is the right of the author to disclose his or her authorship and the relationship between the work, the author can choose to disclose his authorship or not disclose his authorship. If you decide to disclose your identity, you may sign your real name or other name known to the public; If you decide not to disclose your identity, you may do so under a pseudonym or without a pseudonym.
Anonymity is not a waiver of the author's right of authorship or no right of authorship, but also a way to exercise the right of authorship, or a disposition of the author's right of authorship. 3. The right to decide on the arrangement of signatures. The right to decide on the arrangement of authorship mainly refers to how to arrange the names of the authors in the works of several people, which is decided by the authors through consultation.
The difference in the ranking order of the authors often has a great impact on the authors. In general, top-ranked authors tend to be highly rated by people. If some units evaluate professional titles, only recognize that the authors in the first place can participate in the evaluation of professional titles as the results of their works.
4. The right to decide on the way of signature. The right to decide on the method of signature refers to the right to choose one's real name, pseudonym, alias or pseudonym. The choice of attribution often reflects the author's choice to disclose or conceal his or her authorship, and to the extent to which he or she chooses.
By signing his real name or pen name, his authorship is made public; Signed, lesser-known or unknown names, often partially or completely conceal their authorship.
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We have our own names, and we often sign them in some places, and we also have some power to sign them, so what is the difference between the right to name and the right to authorship? As an intangible property right, copyright is an extremely complex civil right, and objectively it has become one of the most complex and esoteric branches of law. The right of authorship is the most basic of these complex civil rights.
The sum of the various specific uses of the right of authorship constitutes the content of the right of authorship. Clarifying the content of the right of authorship can provide a clearer understanding of the right of authorship, which is conducive to the protection of the right of authorship. The right of authorship shall have the following contents:
The right to decide whether to sign or not to sign, the right to decide on the way of signature, the right to decide on the arrangement of signatures, and the right to give instructions on signature. The right to a name is a kind of personality right enjoyed by citizens in accordance with the law to decide, use and change their own name and to demand that others respect their name. The object of protection of the right to name is the name of the right holder.
The name is not limited to the citizen's real name officially registered with the household registration authority. The right to name includes: the right to change one's name, which refers to the right of a natural person to change his or her surname in accordance with the law, as long as it does not violate the mandatory provisions of the law and public order and good customs, it is allowed, but it is necessary to go to the household registration management department to go through the change registration procedures.
The right to use the nameThe right to use refers to the exclusive right of a natural person to use his or her own name in accordance with the law. Legal basis: Article 10 of the Copyright Law of the People's Republic of China Copyright includes the following personal rights and property rights:
a) the right of publication, i.e. the right to decide whether a work is made public; (2) the right of authorship, i.e., the right to identify the author and sign the work; (3) The right to modify, that is, the right to modify or authorize others to modify the work.
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The right of attribution refers to the right of the author to mark his or her name on the work he or she has created and its reproductions.
The right of authorship includes both the right of the author to sign his or her real name, stage name, pen name or pseudonym to the work, as well as the right not to sign it.
The right of authorship reflects the intrinsic connection between the author and the work, indicating that the attribution is the creator of a work.
The right of authorship can only be the real author and the creator of the work.
The right of authorship can only be enjoyed by the real author and legal persons and unincorporated entities in the case of deemed authorship, and no person other than the author is entitled to it.
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The right of authorship, as a right of moral rights, is stipulated in the laws of various countries. There are two main views on what the right of authorship is: the first view is that Article 10, Paragraph 2 of the Copyright Law of the People's Republic of China stipulates that the right of authorship is the right to indicate the identity of the author and sign the work.
The second view is that the right of authorship refers to the right of the author to mark his or her name on the work he or she created and its reproductions, also known as the right to indicate his name.
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The right of authorship is a basic right of moral rights, and Article 10 (2) of the Copyright Law of the People's Republic of China stipulates that the right of authorship is the right to indicate the identity of the author and sign the work. Its specific connotations are roughly as follows:
1. The right to decide on signature;
2. The right not to sign the decision;
3. The right to decide what name to sign.
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China's "Copyright Law" stipulates that the right of authorship is the right to indicate the identity of the author and sign the work. The right of authorship is part of the copyright.
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The content of the right of authorship, as a right of moral rights, is stipulated in the laws of various countries. As for what is the right of authorship, Article 10 (2) of the Copyright Law of China stipulates that the right of authorship is the right to indicate the identity of the author and sign the work. So what does the right of authorship include?
The right of authorship refers to the right to indicate the identity of the author and sign the work. Its contents include: 1. The author has the right to decide the method of signature, which can be signed by real name, stage name, pen name or pseudonym, or without signature.
Once the author has chosen the method of attribution, others may not change it in any way or for any reason. For collaborative works, each collaborator has the right of authorship, and the method and order of authorship of the collaborative work shall be jointly decided by the co-authors. 2. The author must be indicated when publishing and distributing other people's works.
The author's right of authorship is inviolable at all times, regardless of the expiration of the term of protection of other rights of wounds. 3. When the public uses the work within the scope of fair use, statutory license or compulsory license, although it may not obtain the consent of the copyright owner in advance in accordance with the law, the author's right of authorship should still be respected, and the author's name, title or source of the work should be indicated when using the work of others. 4. It is forbidden for others to sign their own names on other people's works without authorization, or to sign the authors together without participating in the creation.
According to Article 45, Paragraph 3 of the Copyright Law, if a person does not participate in the creation of a work, or signs the work of another person in order to seek personal fame and fortune, he shall bear civil liability such as stopping the infringement and eliminating the impact, publicly apologizing, and compensating for losses, depending on the circumstances.
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The right of authorship is the right of the author to identify himself and sign the work, and it is the most basic personal right of the author. According to the provisions of the Copyright Law of the People's Republic of China, the author's right of authorship, the right of modification, and the right to protect the integrity of the work are not limited. During the author's lifetime or during the existence of a legal person or other organization, if a non-author forcibly signs the work, deletes the author's name or a non-author's name, plagiarizes the work, modifies or abridges the work without the author's consent, or distorts or tamperes with the work that is contrary to the author's original intention, destroys the true meaning of the work, or damages the author's reputation, the author may lawfully require the infringer to bear the corresponding legal responsibilities such as stopping the infringement, eliminating the impact, and publicly apologizing.
After the death of a citizen who is the author, the author's right of authorship, the right of modification, and the right to protect the integrity of the work shall be protected by his heirs or legatees; After the legal person or other organization that is the author is terminated or changed, these rights shall be protected by the legal person or other organization that inherits its rights and obligations. If the author has no heirs, legatees, or legal persons or other organizations that have not inherited his rights and obligations, the state will protect his right of authorship, right of modification, and right of integrity of the work from infringement. Legal basis:
Article 20 of the Copyright Law of the People's Republic of China The term of protection of the author's right of authorship, right of modification, and right to protect the integrity of the work is not limited.
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The right of authorship, the right of modification and the right to protect the integrity of the work are not limited by the time limit of protection and are permanently protected by law.
Article 15 of the Regulations for the Implementation of the Copyright Law: After the death of an author, the right of authorship, the right of modification and the right to protect the integrity of the work in his copyright shall be protected by the author's heirs or legatees. Where no one inherits the copyright and no one has bequeathed it, the right of authorship, the right to modify, and the right to protect the integrity of the work are to be protected by the administrative copyright management department.
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The right of authorship is the content of the moral right of the author, and the term of protection is unlimited.
According to Article 20 of the Copyright Law of the People's Republic of China, the term of protection of the author's right of authorship, right of modification, and right to protect the integrity of the work is not limited.
Article 21 stipulates that the term of protection of citizens' works of publication and the rights provided for in subparagraphs (5) to (17) of paragraph 1 of Article 10 of this Law shall be the life of the author and 50 years after his death, ending on December 31 of the 50th year after the death of the author;
In the case of collaborative works, by December 31 of the fiftieth year after the death of the last deceased author.
works of legal persons or other organizations, copyrights (except for the right of authorship), service works enjoyed by legal persons or other organizations, film works, works created by methods similar to filming, and photographic works;
The term of protection of the right of publication and the rights provided for in subparagraphs (5) to (17) of paragraph 1 of Article 10 of this Law shall be 50 years, ending on December 31 of the 50th year after the first publication of the work, but if the work has not been published within 50 years after the completion of the creation, this Law shall no longer protect it.
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Copyright is divided into personal rights and property rights.
Property rights have a time limit.
The right of authorship is a personal right, and the personal right is indefinite and long-term protection.
For example, the author of Journey to the West is Wu Chengen, even if it is another 1000 years, it is impossible to sign it as Li Laosi.
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1. Citizen's work. The term of protection of the right of publication and the right of property of the author is the life of the author and 50 years after his death, ending on December 31 of the 50th year after the death of the author.
2. Works of legal persons or other organizations, as well as service works whose copyrights (except for the right of authorship) are enjoyed by legal persons or other organizations. The term of protection of the right of publication and the right of property of the work is 50 years, generally starting from the time the work is first published and ending on December 31 of the 50th year after the first publication of the work. However, if the work has not been published within 50 years after the completion of its creation, it will not be protected.
3. Cinematographic works and works created by methods similar to filmmaking, and photographic works. The term of protection of the right of publication and the property right of the work is 50 years, ending on December 31 of the 50th year after the first publication of the work, but if the work has not been published within 50 years after the completion of the creation, its copyright is no longer protected.
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This is not clear, you can check the relevant laws and ask, you should know.
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