What are the legal bases for protecting e book copyright in China?

The applicable legal bases include the Copyright Law of the People's Republic of China, the Detailed Rules for the Implementation of the Copyright Law of the People's Republic of China, the Regulations on the Protection of Computer Software, the Regulations on the Protection of the Right of Information Network Transmission, and the Regulations on the Collective Management of Copyright.

1. Negotiate with the infringer to require him to stop the damage and compensate;

2. Apply to the copyright administrative authority for mediation;

3. Directly sue the court;

4. If there is an arbitration clause in the written contract, you can apply to an arbitration institution for arbitration.

The copyright law protects works that generally include: cinematographic works and works created by methods similar to filming, written works, dramas, operas, dances, acrobatic works of art, engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works.

[Legal basis].

Article 3 of the Copyright Law of the People's Republic of China "works" as used in this Law refers to intellectual achievements in the fields of literature, art and science that are original and can be expressed in a certain form, including: (1) literary works; (2) oral works; (3) **, drama, opera, dance, 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 produce films; (7) Engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works; (8) computer software; (9) Other works provided for by laws and administrative regulations. Article 11: Copyrights belong to the authors, 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.

Copyrights include: written works; 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 graphic works and model works; computer software; Other works provided for by laws and administrative regulations.

1. 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, movements, colors, etc., so that others can feel his existence through his senses. In short, copyright protects expression, not ideas.

4) It can be fixed to some kind of physical object, and can be buried and reproduced for use. 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 or tape, it will be difficult to protect it.

In daily life, people may not particularly understand the meaning of works, but in fact, the protection of works in our country is limited to copyright law, so there must be a certain form of expression, that is, there must be symbols, sounds, actions or some specific forms of expression, so as to be protected.

1) Written works;

(2) oral works;

(3) **, drama, opera, dance, 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 produce films;

(7) Engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works;

(8) computer software;

(9) Other works provided for by laws and administrative regulations.

1. Works that are not protected by the Copyright Law.

1. Laws, regulations, resolutions, decisions, orders and other documents of a legislative, administrative, judicial, and other nature and their official translations;

2. Current affairs news;

3. Calendars, number tables, general ** and formulas.

2. The duration of copyright protection.

If the author of the work is a citizen, the term of protection of the property right of the author is the life of the author plus 50 years after death, and the termination of the 50-year period is December 31 of the 50th year after the death of the author.

The term of protection of the right to publish, use and receive remuneration for works and copyrights (except the right of authorship) enjoyed by legal persons or unincorporated entities is 50 years, counting from the time when the work is first published, but if the work has not been published for 50 years since the completion of creation, the Copyright Law will no longer protect it.

The term of protection for the right to publish, use and receive remuneration for film, television and video works and photographic works is 50 years, but if the work has not been published within 50 years after the completion of the creation, the Copyright Law shall not protect the auspicious spring.

The term of protection of the right to publish, the right to use and the right to receive remuneration for the copyright of a collaborative work is the life of the author and 50 years after his death, which is calculated from the time of death of the last person to die among the co-authors.

The term of protection for the right to use and receive remuneration for works of unknown authorship is 50 years until December 31 of the 50th year after the first publication of the work, provided that once the authorship has been determined, the general provisions on copyright still apply.

The term of protection of the right to use and the right to receive remuneration for audio and video recordings is 50 years, ending on December 31 of the 50th year after the first liquid resistance of the product.

Article 3 of the Copyright Law stipulates that the works referred to in this Law include literary, artistic, natural, social, engineering and technological works created in the following forms:

1) Written works;

(2) oral works;

(3) **, drama, opera, dance, 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 produce films;

(7) Engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works;

(8) computer software;

(9) Other works provided for by laws and administrative regulations.

1. How long is the term of protection of copyright?

1) Moral rights of authors - the term of protection of the right of authorship, the right of modification, and the right to protect the integrity of the work is not limited, and it is protected from the creation of the work to the death of the author;

2) The term of protection of the right of publication and the property right of the author in the moral right of the author shall be the life of the author plus 50 years after his death. Once the copyright is protected, the perpetrator must bear legal responsibility if the infringement is constituted.

2. What is the number of cars in the fair use method of copyright?

1) To use the published works of others for personal study, research or appreciation;

3) Inevitably reproducing or quoting published works in newspapers, periodicals, radio stations, television stations, etc., for the purpose of reporting current affairs;

4) Current affairs articles published in newspapers, periodicals, radio stations, or television stations, or published by other newspapers, periodicals, radio stations, or television stations, except where the author declares that they are not allowed to be published;

6) Translate or reproduce in small quantities already published works for the purpose of classroom teaching or scientific research in schools, for use by teaching or scientific research personnel, but must not publish or distribute them;

7) The use of published works by state organs for the performance of official duties;

8) Libraries, archives, memorial halls, museums, art galleries, etc., reproduce works in the collection of the library for the purpose of displaying or preserving editions;

9) Free performances of published works;

10) Copying, painting, photography, or videotaping works of art set up or displayed in outdoor public places;

11) Translate works created in the Chinese language that have been published by Chinese citizens, legal persons, or other organizations into works in minority languages and publish them in China.

12) Convert published works into Braille. The above provisions apply to the restriction of the rights of publishers, performers, producers of audio and video recordings, radio and television stations.

According to the Copyright Law of China, there are three types of works that are not protected by law.

The first is works that are prohibited from being published or disseminated in accordance with the law.

The second type is a work that does not apply to the Copyright Law. They include the following works:

1) Laws, regulations, state resolutions, decisions, orders and other documents of a legislative, administrative and judicial nature, as well as official translations;

2. Current affairs news;

3) Calendars, tables of numbers, common numbers and formulas.

The third type is works that have exceeded the term of protection stipulated in the Copyright Law.

The Copyright Law and its implementing regulations do not clearly stipulate the substantive conditions for a work to be protected by the Copyright Law, but only stipulate the meaning of the work and the types of works to be protected, and explicitly exclude the objects that are not protected. According to the provisions of the Copyright Law and related theories, it is generally believed that in order for a work to be protected by the Copyright Law, the following conditions should be met:

1 Originality.

According to the definition of a work in the Implementing Regulations of the Copyright Law, in order to constitute a work, it must have originality. Originality, also known as originality, refers to the fact that the work is created independently by the author and is the product of the author's independent thinking and labor, that is, the selection and arrangement of words, plots, notes, colors, pictures, shapes, etc., are completed by the author independently rather than plagiarizing others. This means that a plagiarized work is not protected by copyright law because it does not possess originality.

The originality of a work refers to the originality of the expression of the work, not to the originality of the content of the work. A work, although its content is the same as that of other works, can be protected by copyright law as long as its expression is created independently by the author. For example, Zhang Beihong's independent painting of horses and Xu Beihong's paintings of horses are equally original and protected by copyright law.

China's Copyright Law lists the following objects that are not protected by law:

1. Works that are prohibited from being published or disseminated in accordance with law;

2. Laws, regulations, resolutions, decisions, orders and other documents of a legislative, administrative or judicial nature, as well as official translations thereof;

3. Current affairs;

4. Calendars, common number tables, common ** and formulas.

Ideas or ideas are not protected by copyright law.

China implements the principle of automatic generation of copyright, once the creation of a work is completed, the copyright will be generated immediately, and there is no need to go through any formalities. However, copyright is a civil right, which is still a right granted by law, and in order to safeguard national sovereignty, law and social public interests, some works are excluded from the protection of copyright law:

1. Works that are prohibited from being published or disseminated in accordance with the law. Works such as sedition, indecency, and superstition.

2. Works that are not suitable for copyright. Including laws, regulations, resolutions, decisions, orders and other documents of a legislative, administrative and judicial nature, as well as official translations thereof; factual journalism; Calendars, number tables, generalities**, and formulas. The above-mentioned works need to be known to the public as soon as possible, and if they are protected, it will seriously hinder the performance of official duties by state organs and harm the interests of society, so they are not suitable for protection under the Copyright Law.

According to the provisions of China's Copyright Law, there are three types of works that are not protected by law.

The first is works that are prohibited from being published or disseminated in accordance with the law.

The second type is a work that does not apply to the Copyright Law. They include the following works:

1) Laws, regulations, national resolutions, decisions, orders and other instruments.

There are documents of a legislative, administrative, judicial nature, and extremely official official translations.

2. Current affairs news;

3) Calendars, tables of numbers, common numbers and formulas.

The third type is works that have exceeded the term of protection stipulated in the Copyright Law. Read the full article