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For those who are familiar with the copyright law, please enter: The term of protection of the copyright granted starts from the time of whose death?

2025-03-17 09:12
Zhang San was a famous modern Chinese writer. He had no children. Before his death, he left a will to give the copyright of his novel A to his boyfriend, Li Si. Zhang San died in 1940. Li Si passed away in 2001. [May I ask, from which period does the copyright protection period of novel A start?] Now, a publishing house wanted to publish Zhang San's masterpiece," A ", because Zhang San had given the copyright of " A " to Li Si in his will. Li Si passed away in 2001. Could Li Si's children inherit the copyright of Zhang San's work " A "? Does the publishing house need to entrust the China copyright center to sign a non-exclusive license contract with Li Si's children to publish "A"? If the publishing house does not take any measures, will it involve copyright violation if it directly publish the work "A" by the famous author Zhang San?
2025-03-17 11:22

The calculation of the term of protection of the copyright in the copyright law is controversial. According to the third paragraph of article 21 of the copyright law, copyright includes the following personal rights and property rights:(3) adaptation, translation, compilation, and arrangement of existing works. The methods of adaptation, translation, compilation, and sorting are all acts of modifying and creating existing works. Therefore, the term of protection of the copyright granted should be calculated from the time when the work was completed. However, some people believe that the duration of copyright protection should start from the time of the death of the donor. This is because the copyright of the donator already exists when the donator dies, and the donator has no right to protect the copyright anymore. Therefore, the protection period should be calculated from the time of the donator's death. It should be noted that although the term of protection of the donated copyright begins at the time of the death of the donor, the copyright created by the donor before the gift is still protected by law. The copyright created by the donor before the gift can be exercised until the death of the donor. Therefore, the calculation method of the specific protection period needed to be determined according to the specific situation. It needed to take into account the time when the copyright was completed, the situation of the donor, and the relevant laws and regulations.

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