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According to the provisions of the Copyright Law, works in the Copyright Law mainly include works of literature, art, natural sciences, social sciences, engineering and technology created in the following forms. (1) Literary works; (2) oral works; (3) **Drama, opera, dance, acrobatic artworks; (4) Fine arts and architectural works; (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. The term "work" in China's Copyright Law refers to the intellectual creation in the fields of literature, art and science that is original and can be reproduced in some tangible form.
The work should meet the following conditions: (1) Originality, that is, the work must be produced by the author through independent conception and creation. Only works of originality are protected by copyright law.
2) Reproducibility, that is, one or more copies of the work can be made by printing, photocopying, copying, rubbing, audio recording, video recording, ripping, reverse shooting, etc., but no matter what reproduction method is used and how many works are reproduced, the content and ideas of the work will not be changed. (3) Legitimacy, the work should be manifested in an objective form permitted by law. Citizens engaged in the creation of literary, artistic, and scientific works shall comply with the provisions of law and not violate the public interest.
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Article 16: Works created by citizens for the purpose of completing the work tasks of legal persons or other organizations are service works, and except as provided for in paragraph 2 of this article, the copyright is enjoyed by the author, but the legal person or other organization has the right to use it preferentially within the scope of its operations. Within two years of the completion of the work, without the consent of the unit, the author shall not permit a third party to use the work in the same way as the unit. In any of the following circumstances, the author enjoys the right of authorship, and other rights of copyright are enjoyed by legal persons or other organizations, and legal persons or other organizations may give rewards to authors:
1) Works of service such as engineering design drawings, product design drawings, maps, computer software, etc., that are primarily created using the material and technical conditions of legal persons or other organizations, and for which the legal person or other memorial organization is responsible; (2) Service works that are provided for by laws, administrative regulations, or contracts that stipulate that the copyright is enjoyed by legal persons or other organizations. Article 17: The ownership of the copyright of a work created by commission is to be agreed upon by the client and the trustee through a contract. If the contract does not expressly stipulate or no contract is concluded, the copyright belongs to the trustee.
If the copyright belongs to the unit, the unit also needs to pay the benefits to the service worker, but when the relevant copyright is authorized, the unit shall handle it according to the actual situation, and the service worker only enjoys the relevant economic benefits and related treatment.
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The Civil Code stipulates that the property rights in the transferable copyright can be pledged. Article 440 of the Civil Code of the People's Republic of China provides that the debtor and a third party have the right to dispose of the property rights in intellectual property rights such as copyrights may be pledged to the source.
Article 400 of the Civil Code of the People's Republic of China The following rights that the debtor or a third party has the right to dispose of may be pledged: (1) Bills of exchange, promissory notes, and checks; (2) Bonds and certificates of deposit; (3) Warehouse receipts and bills of lading; (4) The first share and equity that can be transferred; (5) The property rights of the stupid cracked mold in the transferable intellectual property rights such as the exclusive right to use registered trademarks, patent rights, copyrights, etc.; (6) existing and future accounts receivable; (7) Other property rights that laws and administrative regulations provide may be pledged.
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The meaning of the following works in the Copyright Law and these Regulations: (1) "Written works" refers to works expressed in written form, such as poems, prose, and so on; (2) "Oral works" refers to works that are expressed in the form of oral language, such as impromptu speeches, lectures, and court debates; (3) ** "Works" refers to songs, symphonies, and other works with or without words that can be sung or played; (4) "Dramatic works" refers to dramas, operas, local operas, and other works for stage performances; (5) "Quyi works" refers to works performed in the form of rap, such as cross talk, quick books, drums, and storytelling; (6) "Dance works" refers to works that express thoughts and emotions through continuous movements, postures, expressions, etc.; (7) "Acrobatic works of art" refers to works of acrobatics, magic, circus, and other works that are expressed through physical movements and techniques; (8) "Works of art" refers to paintings, calligraphy, sculptures, and other two-dimensional or three-dimensional plastic art works of aesthetic significance composed of lines, colors, or other means; (9) "Architectural works" refers to works of aesthetic significance expressed in the form of buildings or structures; (10) "Photographic works" refers to works of art that record the image of objective objects on photosensitive materials or other media with the help of instruments; (11) Cinematographic works and works created by methods similar to those used to produce films, refers to works that are filmed on a certain medium, consisting of a series of pictures with or without sound, and are screened or otherwise disseminated with the help of appropriate devices; (12) "Graphic works" refers to engineering design drawings and product design drawings drawn for construction and production, as well as maps, schematic diagrams, and other works that reflect geographical phenomena and explain the principles or structures of things; (13) "Model works" refers to three-dimensional works made in a certain proportion according to the shape and structure of the object for display, experiment, or observation.
Hello, in principle, once the work is completed, it will naturally be protected by China's copyright law, and there is no need to apply or register. According to Article 2 of the Copyright Law of the People's Republic of China, the works of Chinese citizens, legal persons or other organizations, regardless of whether they are published or not, enjoy copyright in accordance with this Law. >>>More
I'll explain them all.
The Copyright Law protects works with originality, that is, a written expression must reflect a certain degree of ideological creativity in order to be protected by the Copyright Law. >>>More
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).
The original meaning of the neighboring right is the right adjacent to the copyright, and its exact meaning should be the right enjoyed by the disseminator of the work. Let's take a look at how the copyright law stipulates the term of protection of neighboring rights. Copyright Law on the term of protection of neighboring rightsHow is the term of protection of neighboring rights stipulated in the Copyright LawThe term of protection of neighboring rights is as follows: >>>More
The statutory permission of the Copyright Law of the Legal Network] The statutory permission has the following circumstances: (1) For the purpose of compiling and publishing textbooks for the implementation of nine-year compulsory education and national education planning, unless the author declares in advance that it is not allowed to use them, it may compile fragments of published works or short text works, ** works or single works of art or photographic works in the textbooks without the permission of the copyright owner, but remuneration shall be paid in accordance with the regulations, indicating the name of the author and the title of the work. and shall not infringe other rights enjoyed by the copyright owner in accordance with the Copyright Law; (2) After the work is published in newspapers and periodicals, other newspapers and periodicals may publish it in newspapers and periodicals, except for the copyright owner's statement that it shall not be excerpted or compiled; (3) The producer of a sound recording may make a sound recording without the permission of the copyright owner, but shall pay remuneration in accordance with the provisions when using the ** work that has been legally recorded as a sound recording by another person as a sound recording; The copyright owner declares that it is not allowed to use it. (4) Radio and television stations** published works by others; (5) Sound recordings that have been published by radio stations and television stations** may be released without the permission of the copyright owner, but remuneration shall be paid. >>>More