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It mainly includes personal rights (the right to modify, the right to protect the integrity of the work, the right of authorship, the right of publication), property rights (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).
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Legal analysis: Copyright protection is generally divided into subject and object: the subject of copyright is generally the author, that is, the person who directly creates the work. Whereas, subject matter generally refers to the protected work.
Legal basis: Article 1 of the Copyright Law of the People's Republic of China This Law is enacted in accordance with the Constitution in order to protect the copyrights of authors of literary, artistic and scientific works, as well as copyright-related rights and interests, to encourage the creation and dissemination of works that are beneficial to the construction of socialist spiritual and material civilization, and to promote the development and prosperity of socialist cultural and scientific undertakings.
Article 3 of the Copyright Law of the People's Republic of China The term "works" as used in this Law includes works of literature, art, natural sciences, social sciences, engineering and technology, etc., created in the following forms:
1) Written works;
2) oral works;
3) Drama, opera, dance, and acrobatic artworks;
4) Works of fine arts and architecture;
5) Photographic works;
6) Cinematographic works and works created by methods similar to those used to make films;
7) Engineering design drawings, product design drawings, maps, schematic drawings and other graphic works and model works;
8) computer software;
9) Other works provided for by laws and administrative regulations.
Article 9 of the Copyright Law of the People's Republic of China Copyright owners include:
a) Author; 2) Other citizens, legal persons, or other organizations that enjoy copyright in accordance with this Law.
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Legal Analysis: The Copyright Law protects 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.
Legal basis: Article 10 of the Copyright Law of the People's Republic of China 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 provide the original or copy of the work to the public in the form of ** 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 provide the work to the public by wire or without a shouter, 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) of the preceding paragraph, and receive remuneration in accordance with the agreement or the relevant provisions of this Law. The copyright owner may transfer in whole or in part the rights provided for in subparagraphs (17) of the first paragraph of this Article, and receive remuneration in accordance with the agreement or the relevant provisions of this Law.
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What works protected by the Copyright Law include works as used in this Law, including literary, artistic, natural, social, engineering, and technological works created in the following forms: (1) Literary works; 2) oral works; (3) **, drama, opera, dance works; (4) Works of fine arts and photography; (5) Film, television, or video works; (6) Engineering design, product design drawings and their descriptions; (7) Graphic works such as maps and schematic diagrams; 8) computer software; 9) Other works provided for by laws and administrative regulations. Methods of Obtaining Copyright 1. Original Acquisition The so-called "original acquisition" refers to the situation in which the acquisition of rights is not based on the existing rights of others, but the initial acquisition of rights.
The copyright obtained through the original acquisition is a complete copyright, including the power of all copyrights of personality rights and property rights. The original acquisition of copyright mainly includes the following specific circumstances: (1) A natural person obtains a copyright due to a creative act.
2) Legal persons and other organizations have obtained copyrights due to legal provisions. In the case of legal entities and other organizations, they may acquire copyright in accordance with the original nature of the direct provisions of the law if they preside over a creative activity that embodies their will. (3) Natural persons or legal persons and other organizations have obtained copyrights due to legal presumption of law.
When there is a dispute as to whether a natural person has carried out a creative act, or whether a legal person or other organization meets the requirements for being considered an author as prescribed by law, the law directly presumes that the natural person or legal person or other organization that signed the work is the author if there is no sufficient evidence to deny that the natural person or legal person or other organization that signed the work is the author. 2. Acquisition by Succession The so-called "acquisition by succession" refers to the acquisition of rights by derivative acquisition of rights based on the existing rights of others. The copyright acquired by succession is a partial copyright, that is, it only involves the property rights in the copyright, unless the law expressly provides for it.
The successive acquisition of copyright mainly includes the following specific circumstances: (1) acquisition by agreement (2) acquisition by inheritance. (3) Obtained by law.
Article 3 of the Copyright Law: "Works" as used in this Law includes works of literature, art, natural sciences, social sciences, engineering and technology, and other such works created in the following forms: (1) Literary works; 2) oral works; 3) Drama, opera, dance, and acrobatic artworks; 4) Works of fine arts and architecture; 5) Photographic works; 6) Cinematographic works and works created by methods similar to those used to make films; (7) Graphic works and model works such as engineering design defense drawings, product design drawings, maps, and schematic diagrams; 8) computer software; 9) Other works provided for by laws and administrative regulations.
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1. What exactly is included in the works protected by copyright?
Copyrights include: text as a loss product; oral works; **, drama, opera, dance, acrobatic artworks; works of fine arts and architecture; photographic works; cinematographic works and works created in a manner similar to that of filmmaking; Engineering design drawings, product design drawings, maps, schematic drawings and other core graphic works and model works; computer software; Other works provided for by laws and administrative regulations.
2. What are the conditions for the work?
a) Must be a creation, not plagiarism. Some say it must be original, original, or original.
The work referred to in the copyright law must be created by oneself and not copied from someone else's work. The so-called creation refers to the creation of literary, artistic and scientific works, that is, the author's creative labor to shape an artistic image or express science and technology through observation, experience, research and analysis of political, economic, cultural and other social life, and selecting, refining and processing the materials of social life.
2) Creations that must fall within the scope of literature, art and science. The scope of intellectual labor is very wide, and the creation of literature, art, and science is only one kind of intellectual labor, and there are many others, such as the use of one's own experience and wisdom in the production process, and the addition of a certain catalyst, so that the production efficiency is greatly improved; For example, fighting wits with the opponent in a sports competition, unexpectedly putting on a new lineup or formation, defeating the opponent, etc., are also intellectual labor, but if they are not expressed in the form of words, charts, and other specific expressions, they do not belong to the category of literature, art, and science, and cannot be called a work.
3) There must be a certain form of expression. That is, the author must express his intangible thoughts in a certain form of expression such as words, words, symbols, sounds, actions, colors, etc., so that others can feel his existence through the senses. In short, copyright protects expression, not ideas.
4) It can be fixed on some kind of tangible object and can be copied and used. For example, written works are fixed on paper, photographic works are fixed on film, and film, television, and video works are fixed on film and videotape, so that others can perceive them and make them copy and use them. Although an oral work is not fixed to a tangible object, it must meet the condition that it can be fixed by a physical object, in addition to being well-known.
If it can be recorded and recorded on paper and tape, it will be difficult to protect.
You must know that not everything is protected by the Copyright Law, for example, laws and regulations, which are not within the scope of works protected by the Copyright Law, and current affairs news and some general formulas are actually not protected. Therefore, when we quote or use these contents in our daily life, there is no risk of copyright infringement, and we can use them with confidence.
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