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What is Copyright? What is the duration of copyright protection? What is the scope of copyright protection?
Some time ago, NetEase Cloud** removed some of them from the shelves due to copyright issues. We often say copyright, copyright. So what is copyright?
Copyright, also known as copyright, refers to the general term for the personal rights and property rights enjoyed by authors and other rights holders over literary, artistic and scientific works. Copyright arises from the date of completion of the creation of a work, and the principle of voluntary registration is implemented in China.
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1. The author is a citizen, and the term of protection is the author's lifetime plus 50 years after his death. The term of protection for a collaborative work is the life of the author plus 50 years after death, starting from the time of death of the author who died last.
2. For legal person works, the term of protection is 50 years from the date of the first publication of the work. Unpublished, 50 years after the creation was completed.
3. The term of protection for cinematographic works, works created by methods similar to filmmaking, and photographic works shall be 50 years from the date of the first publication of the work. Unpublished, 50 years after the creation was completed.
4. The term of protection for works whose authorship is unknown is 50 years (from the first publication), but once the authorship is determined, the general provisions apply.
5. The term of protection of the publisher's layout design right is 10 years after the first publication.
6. The identity of the performer; There is no restriction on the term of protection for the protection of the performance image from distortion, etc.; Others 50 years after the performance.
7. The term of protection for the right of audio or video producers to permit others to reproduce, distribute, rent, or disseminate their audio or video recordings to the public through information networks is 50 years from the completion of the first production.
8. Radio and television stations enjoy the right to broadcast, record and reproduce for 50 years from the first broadcast.
Legal basis] Article 44 of the Copyright Law, audio and video producers have the right to license others to reproduce, distribute, rent, disseminate to the public through information networks and receive remuneration for the audio and video recordings they produce; The term of protection of the right is 50 years, ending on December 31, 50 years after the completion of the first production of the work.
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Legal Analysis: The term of protection of font copyright is 50 years after the author's lifetime and death. Fonts are works of art, so the term of protection for works of art applies, i.e., the life of the author and fifty years after his death; In the case of collaborative works, by December 31 of the fiftieth year following the death of the author who died last.
Legal basis: Copyright Law of the People's Republic of China
Article 20 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 The term of protection of the right to publish, use and receive remuneration for a citizen's work shall be the life of the author and 50 years after his death, ending on December 31 of the 50th year after the author's death; In the case of collaborative works, by December 31 of the fiftieth year following the death of the author who died last.
The term of protection for the right to publish, use and receive remuneration for works of service works enjoyed by legal persons or unincorporated units (except for the right of authorship) is 50 years, ending on December 31 of the 50th year after the first publication of the work, provided that the work has not been published within 50 years after the completion of the creation, this Law shall no longer protect it. The term of protection of the right to publish, use and receive remuneration for film, television, video and photographic works shall be 50 years, ending on December 31 of the 50th year after the first publication of the work, provided that 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, also known as copyright, includes the following personal rights and property rights: the right of publication, the right of authorship, the right of modification, the right to protect the integrity of the work, the right of reproduction, the right of distribution, the right of rental, the right of exhibition, the right of performance, the right of screening, the right of broadcasting, the right of information network dissemination, the right of filming, the right of adaptation, the right of translation, the right of compilation, and other rights that should be enjoyed by the copyright owner. In China, copyright arises from the date of completion of creation, and there is no time limit in personal rights except for the right of publication, and the right of publication is exhausted once exercised, and if it is not published within 50 years after the author's death, it will no longer be protected.
The term of protection of property rights is the life of the author plus 50 years after death, and if the work has not been published for 50 years after the completion of creation, it will no longer be protected; In addition, the term of protection for works considered by legal persons and other organizations as authors, as well as film, television, video and photographic works and works whose authorship is unknown, is 50 years from the date of first publication of the work, and if it is not published within 50 years after the completion of the creation, it will cease to be protected. Software copyright protection is valid for 25 years until December 31 of the 25th year after the first publication of the software. Before the expiration of the protection period, the software copyright owner may apply to the software registration authority for a renewal of 25 years, but the maximum protection period shall not exceed 50 years.
The term of protection of the software developer's right to developer identity is not limited. With the increasing awareness of copyright, the copyright protection management center has been set up under the copyright bureau of Beijing and other municipalities directly under the central government, providing services such as copyright registration and copyright protection, but in general provinces, this kind of service organization is not sound enough, except for Hangzhou and other economically developed areas to set up a copyright protection management center in sub-provincial cities, this copyright protection is still in its infancy. From the above information, we can clearly know that the role of copyright protection can not only promote the development of cultural undertakings, but also play a very important role in promoting social and economic development.
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Legal analysis: Copyright, also known as copyright, is valid for 50 years if it is registered in the name of an enterprise; If it is registered in the name of an individual, it is for life and 50 years after death. According to the provisions of the Copyright Law, the copyright owner may enjoy the exclusive right to the work within the number of years prescribed by the law.
Legal basis: Article 23 of the Copyright Law of the People's Republic of China The term of protection of the right of publication of works of natural persons and the rights provided for in subparagraphs (5) to (17) of the first paragraph 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 fiftieth 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. The term of protection of the publication right of the works and copyrights (except the right of authorship) enjoyed by legal persons or unincorporated organizations is 50 years, ending on December 31 of the fiftieth year after the completion of the creation of the work; The term of protection of the rights provided for in Items 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.
In the case of audiovisual works, the term of protection of the right of publication is 50 years, ending on December 31 of the fiftieth year after the completion of the creation of the work; The term of protection of the rights provided for in Items 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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Expiration date: The author will live for life and will expire on December 31, the fiftieth year after the author's death.
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1. The period during which the author is a citizen.
The term of protection shall be 50 years after the author's lifetime and death, ending on December 31 of the 50th year after the author's death; In the case of collaborative works, by December 31 of the 50th year after the death of the author who died last.
2. The period during which the author is a legal person or other organization.
The term of protection is 50 years, 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 the creation, the copyright law will no longer protect it.
3. The time limit for special works.
the term of protection for cinematographic works and works created by methods similar to that of filmmaking and photographic works for a period of 50 years, 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 the creation, the copyright law will no longer protect it.
1. What are the copyright protection measures?
1. Protection: The state needs to govern the network environment, ban and close down illegal activities engaged in infringing activities, so as to crack down on piracy and copyright theft to a large extent, and severely deal with such criminals to protect the original creator to the greatest extent.
2. Supervision in all aspects: all functional organs should carry out uninterrupted supervision and inspection, investigate and deal with various network behaviors, inspect some service engines on time, strictly do a good job in management, and resolutely resist and govern the infringement of the search engine that provides link services, so that the network environment will be better.
3. Guarantee of rules and regulations: It is also necessary to carry out strict rules and regulations at all levels, so that our local functional departments can strictly conduct inspections, and make due institutional inspections and serious treatments for enterprises that make private profits. It would be very effective to investigate and deal with online infringement of other people's works without permission.
4. Author's self-protection: The original creator must have the ability to protect his or her legal rights, pay attention to his copyright protection, clean up the viruses of computers and other supplies in a timely manner, and leave proof of originality of the article, so that there will be a reason to protect his rights.
II. Penalties for Copyright Infringement.
1. Under normal circumstances, no punishment shall be imposed, but the infringer shall bear civil liabilities such as stopping the infringement, eliminating the impact, apologizing for delay, and compensating for losses according to the circumstances;
2. If the public interest is harmed at the same time, the department in charge of copyright shall give warnings, administrative fines and other punishments;
3. If a crime is constituted, criminal punishment shall be borne in accordance with law.
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