What is the difference between copyright and copyright?

The term "copyright" may be referred to differently in different countries. Article 57 of China's "Copyright Law" clearly stipulates that the copyright referred to in this law is copyright, which is synonymous, and the two can be mixed with each other. This is not the case in all countries, some countries such as Japan call it "copyright", some countries such as France and Germany call it "author's right", and some countries such as the United States and the United Kingdom call it "copyright".

If we really want to make a strict distinction between copyright and copyright, it can be summarized into five points.

First, the subject is different

In a narrow sense, copyright refers to the publisher's right, and its subject is the publisher. In China, the publishing industry has long been a state monopoly as an important ideological territory, operated by state-owned publishing institutions (publishing houses or publishing companies). Therefore, in China, the subject of copyright can only be a state-owned publishing institution, and a natural person cannot become the subject of copyright.

The subject of copyright is the author of the work. Objectively, only natural persons are the sole factual authors of the works, and other social organizations and civil subjects other than natural persons; It is only in certain circumstances that one can be considered a "legal author".

Second, the subject matter is different

The object of the publisher's right is books, periodicals and audio-visual publications. The object of copyright is the work, and the copyright law only protects the work, not the carrier of the work, because there can be many kinds of carriers, and the work itself can only be one.

Third, the formation mechanism is different

Copyright is a derivative right that is subordinate to copyright, and the publisher's copyright can only be granted by the copyright owner. Copyright, on the other hand, is based on the rights that arise legally from literary, artistic, and scientific works. In China, once a work is created, as long as it has the attributes of the work, it will automatically generate copyright in accordance with the law.

Fourth, the content is different

Taking China as an example, the copyright enjoyed by publishers over their published works includes exclusive publishing rights, version rights, and the right to modify and delete the form and content of published works. China's Copyright Law stipulates that copyright includes moral rights and property rights. Personal rights include the right of publication, the right of authorship, the right of modification, and the right to protect the integrity of the work.

5. The deadline is different

In China, the publisher has the exclusive right to publish the work authorized by the author for a certain period of time. The length of the time limit shall be negotiated between the publisher and the copyright owner, and the validity period of the contract shall not exceed 10 years. The protection of moral rights is generally unrestricted, and the rights of some of these contents that are exclusive to them should be protected in perpetuity.

China's copyright law stipulates that the protection period of a citizen's work is 50 years after the author's death, ending on December 31 of the 50th year after the author's death.

Do you want to declare copyright? Copyright is part of the copyright, you can go to the Zhizhuxia platform for details.

In China, according to the provisions of the Copyright Law, there is no difference between the two, and copyright is also called copyright.

No different, copyright is also known as copyright.

According to the provisions of the Copyright Law, copyright includes: copyright includes the following 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, 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 a film work or a work or computer software created by a method similar to that of filming, except where the computer software is not the main subject of the lease; (8) the right of exhibition, (9) the right of performance, (10) the right of screening, (11) the right of broadcasting, (12) the right of information network dissemination, (13) the right of filming, (14) the right of adaptation, (15) the right of translation, (16) the right of compilation; (17) Other rights that shall be enjoyed by the copyright owner.

In our country, copyright is copyright, there is no difference.

In China, according to the Copyright Law, a work is automatically copyrighted when it is completed. The so-called completion is relatively speaking, as long as the object of creation has met the statutory conditions for the composition of the work, it can be protected as a work under the copyright law.

In simple terms, copyright is for the person who originally created the relevant spiritual product, while the concept of neighboring right is for the participants in the relevant industry of performing or assisting in the dissemination of the work, such as performers, producers of audio and video recordings, radio and television stations, publishing houses, etc.

What is the difference between copyright and copyright.

In our country, copyright is copyright, there is no difference. Copyright refers to the rights (including property rights and personal rights) enjoyed by authors of literary, artistic, and scientific works over their worksThere are two ways to obtain copyright:

Automatic acquisition and registration acquisition. In China, according to the Copyright Law, a work is automatically copyrighted when it is completed. The so-called completion is relative, as long as the object of creation has met the statutory conditions for the composition of the work, it can be protected as a work under the copyright law.

In simple terms, copyright is for people who create the relevant spiritual products, while the concept of neighboring rights is for participants in the relevant industries that perform or assist in the dissemination of the carrier of the work, such as performers, producers of audio and video recordings, radio and television stations, publishing houses, etc.

The main purpose of copyright is to promote the well-being of the public through the advancement of knowledge, and in order to encourage the reproduction and dissemination of new works among the public, copyright incentivizes the creative activities of creators by giving them the exclusive right to reproduce and distribute. For the purpose of promoting the well-being of the public, these rights of authors have a number of limitations, which are mainly reflected through the fair use system. The right to copyright adjustment involved three interest groups – authors, distributors and users.

Copyright law, as a basis for supporting the advancement of knowledge, should take into account both the remuneration given to creators and disseminators, as well as the legitimate rights of the users who paid those remuneration. Ever since copyright law was enacted in England in the early 18th century, copyright has been, and will be, a product of trying to balance the rights of creators (and their publishers) with the rights of users. All three interest groups used copyrighted works for different purposes, with authors using them to make new works, distributors distributing them in the market, consumers using them at home, school, and office, authors using them creatively, distributors using them commercially, and consumers using them for personal uses, which may or may not involve commercial issues.

Creative and private use of copyrighted material can conflict with the purpose of the distributor and business owner to control the commercial use, which balances the variety.

Competing interests is not an easy task. To complicate matters further, members of different groups will have different positions at different times. For example, an author would want to be free to quote someone else's work, but he would not want someone else to quote his own work without being compensated. A publisher would like to publish a part of someone else's book, but would not give anyone that kind of concession; Only the position of the consumer is constant:

They want to be free to use the material.

Publication right: refers to the rights enjoyed by publishers over books and newspapers published in accordance with the law, and the subject of rights includes book publishers and newspaper publishers. According to the provisions of the Copyright Law of the People's Republic of China, the right of publication includes the exclusive right of publication enjoyed by the book publisher to the works delivered for publication by the copyright owner within the period agreed in the contract, and the exclusive right of use enjoyed by the publisher to use the layout and binding design of the books, newspapers and magazines published by the publisher.

Furthermore, the exclusive right of publication is non-transferable. The right of publication is one of the contents of copyright.

Copyright: Also known as "copyright", it refers to an exclusive right enjoyed by an author in accordance with the law for the creation of literary, artistic, and scientific works within the validity period prescribed by law. The subject of copyright is the natural or legal person who created the work, and a person other than the author can also obtain the copyright through legal means.

The object of copyright is a work with originality and a certain objective material expression, but the copyright law only protects the form of the work and does not protect its ideological content. The content of copyright is usually divided into narrow and broad senses. Copyright in a narrow sense refers to the rights enjoyed by authors in accordance with the law, including moral rights and property rights.

Copyright in a broad sense also includes neighboring rights, mainly referring to the rights of publishers, performers, producers of audio and video recordings, and radio and television organizations. It is intangible and relatively exclusive and exclusive. Without the permission of the copyright owner or without a legal basis, others may not exercise this right, otherwise it constitutes infringement.

Copyright and the right of publication are the relationship between the whole and the part, and the relationship between master and slave, and their main connection is: the same copyright is the right arising from the creation and use of the work, which usually refers to the exclusive right of an individual citizen, legal person or unincorporated unit to occupy, use and dispose of the work created by himself. The right of publication is only one of the many rights in a work.

The main difference between them is that the right of publication and copyright are not the same concept, and the right of publication is not the same as copyright. Copyright is the right of the author, but in most cases the author transfers the right to publish his work or licenses it to the publisher.

Publishers (such as publishing houses, newspapers, periodicals, radio stations, television stations, etc.) do not have the right to publish, but only enjoy the right to operate or publish business, that is, to specialize in the publishing business of other people's works. However, the publisher may enjoy the right to publish a work of the author for a certain period of time due to authorization or assignment by the author or other copyright holders. This means that the publisher has the right to publish as a result of the author's assignment.

If the publisher publishes the author's work, the copyright (including the right of publication) of the work remains the author's right (unless the author sells the copyright).Therefore, in real life, the idea that "whoever publishes the book is the author of the book" is obviously wrong, which obviously confuses the right of publication with copyright.

Copyright is a category of intellectual property, and intellectual property rights are divided into trademark rights, patent rights, and copyrights, which are what you call copyright.

It's the same.

Provide customers with one-stop intellectual property services such as trademarks, patents, copyrights, national high-tech enterprise identification, enterprise standard implementation, counseling and declaration.

According to the provisions of the Copyright Law, copyright includes: copyright includes the following 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, 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 a film work or a work or computer software created by a method similar to that of filming, except where the computer software is not the main subject of the lease; (8) the right of exhibition, (9) the right of performance, (10) the right of screening, (11) the right of broadcasting, (12) the right of information network dissemination, (13) the right of filming, (14) the right of adaptation, (15) the right of translation, (16) the right of compilation; (17) Other rights that shall be enjoyed by the copyright owner.

1.Copyright is a concept developed in common law, as the name suggests, it revolves around the "right of reproduction", focusing on property rights, and at first it did not involve much personality rights. This is because the rights of works in the common law system have evolved from the protection of the rights of publishers.

But since Queen Anna's law, the central point of the overall legislation has shifted to the author (and at first, of course).

Marked by the confirmation of the author's first publication right, the monopoly of the bookseller was ended and the legal monopoly was returned to the author). However, judging from many details, it is still more important to understand the rights of the work from an objective point of view, for example, it is generally not.

If it is considered that the author's creative intention has any impact on the acquisition of copyright, unconscious "creation" can also be recognized by law.

2.Author's

right), or as the name suggests, "author's rights" is a concept in the civil law system, which attaches more importance to personality rights, and believes that the rights in works are bound to the creators, and there are relatively many restrictions on the transfer of rights in works.

Licensing solves the problem of assignment of works. Neighboring rights do not belong to the narrow sense of copyright content in civil law systems, and some civil law countries will legislate under the title of "Copyright and Neighboring Rights Law".

3.Macro view.

The difference between the two is due to the difference in philosophical foundations.

In the common law system as a whole, copyright as an incentive and remuneration for authors, the intellectual property provisions of the U.S. Constitution make it straightforward that promoting the dissemination of works and knowledge is the goal, and that copyright protection is only a means, hence the neighboring rights.

Communicator's right) is the meaning of the question. The civil law copyright system explains from the perspective of "natural human rights" that "of course, the economic interests of the work cannot be excluded", and more attention is paid to the act of creation itself.