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1) The term of protection of the publication right and the property right of the work of a citizen 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. For example, if A created a work on March 4, 1980 but did not publish it, and A died on October 1, 2000, then the term of protection of his right of publication and property rights would start on March 4, 1980 and end on December 31, 2050. (2) The term of protection of the publication right and the property right of the work of a legal person or other organization, as well as the service work whose copyright (except the right of authorship) is enjoyed by the legal person or other organization, shall be 50 years, generally starting from the first publication of the work 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 the creation, the copyright law will no longer provide protection. (3) The term of protection of the right of publication and the property right of the work of cinematographic works, works created by methods similar to filming, 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 copyright of the work has not been published within 50 years after the completion of the creation, shall no longer be protected. (4) The term of protection of the right of publication and the right of property of the work shall be the life of the author plus 50 years after the death of the author, ending on December 31 of the 50th year after the death of the author who died last.
For example, if A and B created a work on March 4, 1980, and if A dies on August 1, 1990 and B dies on October 1, 2000, then the term of protection of the publication right and the property right of the work will start on March 4, 1980 and end on December 31, 2050. (5) In the case of works whose author is unknown, the term of protection of the property right of the author shall be 50 years, ending on December 31 of the 50th year after the first publication of the work.
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How to calculate the start and end time of the copyright protection period, the copyright protection period refers to the time limit of the copyright protection by law. During the term of copyright, the work is protected by copyright law; When the term of copyright expires, the copyright is lost and the work enters the public domain. This is also a reflection of the temporal nature of copyright as an intellectual property.
So how to calculate the start and end time of the copyright protection period? How to calculate the start and end time of the copyright protection period? The term of protection of copyright property rights is stipulated as follows depending on the nature of the work and the subject of the copyright.
1.The duration of protection for the author as a citizen is 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 50th year after the death of the author who died last. 2.
The term of protection for the author of a legal person or other organization 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.Duration of protection for special works for cinematographic works and photographic works created by methods similar to filmmaking shall be 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.
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Is there an expiration date for copyright protection? How is the term of copyright protection calculated? The Copyright Law has made different terms of protection for moral rights and property rights, and has different provisions on the term of protection of property rights for copyright subjects and the nature of works.
Is there an expiration date for copyright protection? How is the term of copyright protection calculated? There are certain limits to the term of protection of copyright property rights and publication rights, which vary according to the subject of copyright and the nature of the work
1) 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 his death. After the death of the author, the term of protection shall be calculated from January 1 of the year following the author's death, and shall expire on December 31 of the 50th year. (2) The term of protection of the property rights of the works enjoyed by legal persons or other organizations is 50 years, but if the work has not been published within 50 years after the completion of the creation, the Copyright Law will no longer provide protection.
3) The term of protection of the copyright of cinematographic works and works created by methods similar to filming, the right of publication of photographic works, the right of copyright of copyrights, and photographic works for hosiery rental 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, its copyright shall no longer be protected. (4) The term of protection of the right to publish a collaborative work and the property right of the work shall be the life of the author plus 50 years after his death, provided that the calculation of 50 years shall be calculated from the time of death of the author who died last among the co-authors. (5) For works whose authorship is unknown, the term of protection of the copyright property right shall be 50 years, ending on December 31 of the 50th year after the first publication of the Zuohao Oak.
However, once the identity of the author is determined, the general provisions of the Copyright Law shall apply. (6) The publisher has the copyright property right for the layout design of the books and periodicals it publishes, and the term of protection of such right is 10 years, ending on December 31 of the 10th year after the first publication of the books and periodicals using the layout design. (7) The term of protection of the copyright property right of an audio or video recording work is 50 years, ending on December 31 of the 50th year after the first publication of the work.
8) Radio and television stations have the right to rebroadcast, record and reproduce their radio and television broadcasts, recordings on audio-visual carriers, and the protection period of this right is 50 years, ending on December 31 of the 50th year after **. Is there a term for copyright protection? How is the term of copyright protection calculated?
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Copyright, the term of protection is 50 years, the author is an individual, and the term of protection is calculated from the date of death of the author.
According to Article 21 of the Copyright Law of the People's Republic of China, the term of protection of citizens' works 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 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.
The term of protection for the right of publication, and 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 fiftieth year after the first publication of the work, except for the work first published, but where the work has not been published within 50 years after the completion of the creation, this Law shall no longer protect the work.
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Generally speaking, the term of protection of the property right of the author is the lifetime of the author plus 50 years after his death. The term of copyright protection shall commence from the date of completion of the work to December 31 of the 50th year after the author's death. The general period usually applies to the right of publication and the right of property of the works of natural persons, i.e. the term of protection of these rights 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.
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Select B, the copyright is automatically generated after the completion of the work, and registration is not a requirement, and it is generally used for legal person works on the date of publication.
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It doesn't matter if you continue to write someone else's work or change someone else's work, as long as your time, place, characters and original work are not in harmony with the original book, and you don't plagiarize the main plot.
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Continuation is an act of adaptation, or deduction.
You have copyright in your derivations and additions, but not in the original work.
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A continuation is an adaptation, and you have the copyright to the adapted work. If the work needs to be published and distributed, it is best to obtain the consent of the original author, otherwise the original author can file an infringement lawsuit after the publication and distribution.
Nowadays, there are many such works, but they are basically online**, so most of the authors have not filed a lawsuit. However, the author has the right to claim the right to the **. I was previously commissioned by an author to deal with something similar. If you have any questions, you can ask again.
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In addition to the provisions of Article 2, the works protected by the Copyright Law must meet the implicit requirement of not infringing the copyright of the original author, that is, intellectual achievements that are original and can be reproduced in some tangible form. Therefore, the view that sequels can be protected as a form of fair use is biased; It is also undesirable to think that a sequel should not be protected by law because of the existence of infringing elements. Sequels (other than those based on a contract or commission) are certainly infringing, but there is also originality.
We cannot completely negate its originality because of its infringement. It is a general principle of jurisprudence that flawed legal acts are not necessarily exempt from legal protection. Therefore, compared with the standard of works stipulated in the Copyright Law, the sequel work here does not fully meet the requirements, but the sequel writer has indeed put in a lot of intellectual labor and carried out independent creative activities for it.
If the copyright law does not protect the legitimate rights and interests of the sequel, it is in fact unfair.
Unfortunately, the Copyright Law does not clearly stipulate whether the continued work is infringing, and it can only be inferred according to law. In my opinion, it does not constitute an infringement.
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Hello! The above questions can refer to the following legal provisions:
1) Publishing a work without the permission of the copyright owner;
2) Without the permission of the co-authors, publishing a work created in collaboration with others as a work created by oneself alone;
3) Signing the works of others without participating in the creation of works for the purpose of seeking personal fame and wealth;
4) Distorting or tampering with the works of others;
5) Plagiarizing the works of others;
6) Without the permission of the copyright owner, the work is used by means of exhibition, filming, or methods similar to filming, or the work is used by means such as adaptation, translation, or annotation, except as otherwise provided by this Law;
7) Failure to pay remuneration for the use of another person's work;
8) Leasing works or audio or video recordings without the permission of the copyright owner of a film work or a work created by a method similar to that of a film, computer software, or audio or video recording, or the rights holder related to copyright, except as otherwise provided in this Law;
9) Without the permission of the publisher, using the layout design of the books or periodicals they publish;
10) Without the performer's permission, live streaming or publicly transmitting their live performance, or recording their performance;
The above-mentioned law enumerates the circumstances of copyright infringement.
Hope it helps.
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If the character setting and story background are from someone else's, it constitutes infringement.
If the following conditions are met at the same time, the quotation of others' works does not constitute infringement: 1. Quoting the published works of others and indicating the author and the name of the work for the purpose of introducing or commenting on a work or illustrating a certain issue; 2. The quoted part does not belong to the main part of the cited work; 3. It does not cause damage to the legitimate rights and interests of the copyright owner of the cited work. According to Article 24, Paragraph 2 of the Copyright Law, for the purpose of introducing or commenting on a work or illustrating a certain issue, a work that has already been published by another person may be appropriately quoted in the work without the permission of the copyright owner and without remuneration being paid, provided that the name or title of the author or title and the title of the work shall be indicated, and shall not affect the normal use of the work, and shall not reasonably harm the lawful rights and interests of the copyright owner. >>>More
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What are the ways to determine copyright infringement? The crime of copyright infringement refers to the act of violating copyright management laws and regulations for the purpose of making profits, infringing on the copyrights of others without the permission of the copyright owner, and the amount of unlawful gains is relatively large or there are other serious circumstances. So what are the ways to determine copyright infringement? >>>More
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