What are the concepts and characteristics of copyright

Copyright is divided into moral rights and property rights. Among them, the connotation of moral rights includes the right of public publication, the right to express one's name, and the right to prohibit others from using the work to damage the reputation of the author by distorting or altering it. Copyright property rights are intangible property rights, which are rights generated by human intelligence, so they belong to a kind of intellectual property rights, including the right of reproduction, the right of public dictation, the right of public broadcasting, the right of public screening, the right of public performance, the right of public transmission, the right of public display, the right of adaptation, the right of distribution, the right of rental, etc.

Copyright should protect the form of expression of ideas, not the protection of ideas themselves, while protecting the interests of private property rights, it must take into account the accumulation of civilization and the dissemination of knowledge, algorithms, mathematical methods, technology or machine design are not the objects to be protected by copyright.

Characteristics Nature.

1. The non-transferability of moral rights as a whole.

2 Inalienability.

3 Inheritability of individual powers (e.g. right of publication).

4 Perpetuity of moral rights.

Qi ZhilingThe object of explanation of copyright, that is, works, refers to intellectual achievements in the fields of literature, art, and science that are original and can be reproduced in some tangible form.

The work is an expression of originality (not the thought itself), it is "immaterial", although the work can be perceived, but it cannot be touched on a physical level, you can sleep with it on your pillow, but you can't touch it. There are three characteristics of the work:

It must be a creative intellectual achievement (labor itself is not protected by copyright law).

Able to be reproduced in some tangible form (provided that it is an external expression that can be objectively perceived).

Must be original ("Original" means independent creation, originating from oneself.) There are two situations, one is to create independently from scratch; The second is to recreate on the basis of the existing works of others, and there are not too subtle differences between the resulting works and the original works that can be objectively identified. "Creation" refers to the fact that the work has reached a certain level of intellectual creativity).

As a kind of intellectual property rights, copyright has the general characteristics of intellectual property rights: (1) Copyright is an intangible property. (2) Copyright has the characteristics of exclusivity.

(3) Copyright has the characteristics of temporality. (4) Copyright has the characteristics of regionality. Article 1 of the Copyright Law:

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 the rights and interests related to copyright, to encourage the creation and dissemination of works that are beneficial to the building of socialist spiritual and material civilization, and to promote the development and prosperity of social Hechaiist culture and science.

Legal analysis: The characteristics of copyright are as follows: (1) the author does not have to go through the registration and registration procedures because the author automatically produces the copyright of the creative work; (2) Exclusive designation, i.e., no one shall enjoy or use the right except with the consent of the right holder or as provided by law; (3) territoriality, i.e., except for accession to international conventions or the conclusion of bilateral agreements, a right protected by the law of a country has legal effect only within the scope of that country; (4) Temporality, that is, the protection of various rights by law, except for the right of authorship, the right of modification, and the protection of the integrity of the work, which are not limited by the term of protection, other rights have a certain period of validity.

Legal basis: Article 11 of the Copyright Law of the People's Republic of China Copyright belongs to the author, except as otherwise provided in this Law. The citizen who creates the work is the author.

A work that is presided over by a legal person or other organization, created on behalf of the will of the legal person or other organization, and for which the legal person or other organization bears responsibility, is regarded as the author. In the absence of proof to the contrary, the citizen, legal person or other organization that signed the work is the author.

(1) Exclusivity. It means that the patent right is an intangible property right, which has an exclusive nature, and any person who wants to exploit the patent, except as otherwise provided by law, must obtain the permission of the patentee and pay the royalties according to the agreement between the two parties, otherwise it constitutes infringement.

2) Temporality. It means that the patent right is only valid for the duration of the grant, and after the expiration or termination of the term, the invention and creation will become the common wealth of the whole society, and anyone can use it freely, and the term of the patent right is stipulated by the Patent Law.

3) Regionality. It means that the patent right granted by one country is only valid within the regional scope of the granting country or region, and is not legally binding on other countries or regions, and the patent rights granted by each country or region are independent of each other.

1. Does ownership include copyright?

Ownership and copyright are not the same.

1) The intangibility of the object is different. The object of copyright is intangible, and the work itself is intangible, but it can be attached to a tangible carrier, such as a book or CD; The object of ownership is a tangible thing, such as an object, a creditor's right.

2) Specificity is different. Also known as exclusivity. It means that the owner of intellectual property rights has exclusive or exclusive rights to his knowledge or intellectual achievements, and no one may use them without his permission, otherwise, it constitutes infringement.

This is the most important legal feature of all intellectual property rights. For example, if you own the copyright of your work, you can absolutely exclude others from using your work illegally.

3) Temporality is different. Copyright is temporal, 50 years before the author's lifetime and after his death; Fifty years after the completion of the production of audio and video recordings, they are no longer protected.

4) Regional differences. Copyright is protected within a certain territory, generally referring to the contracting states of the Berne Convention. There are also no geographical or temporal restrictions on ownership.

2. What is the term of copyright protection?

The term of protection of copyright property rights varies depending on the nature of the work and the subject of copyright.

1) When the subject 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) When the entity 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 term of protection of some special types of 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.

For works whose author is unknown, the term of protection for the right to use and receive remuneration is 50 years after the first publication of the work. The identity of the author here is unknown, which mostly refers to the situation where it is difficult to determine the identity of the author because the work was published under a pseudonym, pseudonym, pseudonym or without a signature. If the author is identified within 50 years, the term of protection of his copyright shall be as stated above.