There are some contradictions and problems in the copyright protection of foreign works in China, as follows: Foreigners are required to provide their passport or other travel documents when applying for copyright registration in China. This procedure may not be convenient or difficult to complete in some areas. Because China's copyright law does not clearly state that foreigners enjoy copyright in China, there are some contradictions in the application of law in the actual implementation of the copyright protection of foreign works. For example, whether some works of foreigners could be regarded as literary works in China and how to obtain copyright protection in China. Foreigners who apply for copyright protection in China are required to fill in detailed personal information, including the author's name, the title of the work, the date of creation, etc. This may result in incomplete or incorrect information. Due to the differences in Chinese culture and values, the works of foreigners may cause different evaluations and interpretation in China, which may lead to conflicts in copyright protection. Therefore, China needs to further improve its laws and systems to protect the copyrights of foreign works in order to solve the above-mentioned contradictions and problems.
China's relevant laws on the protection of copyright in online works include: The Law of the People's Republic of China was promulgated in 2001. It is one of the most important copyright laws in our country. It provides comprehensive provisions on the scope of protection of the copyright of online works, the way to exercise the rights, and the rights and obligations of the copyright owner. 2. Regulations on the Protection of the Right of Information Network Transmission: This regulation was promulgated in 2009 to make specific provisions on the protection of the right of network transmission, including the copyright protection of network works, the protection of the right of transmission, and the legal responsibility of the owner of the right of information network transmission. 3. The Law on the Administration of Online publishing services: This law was promulgated in 2016 and made specific provisions on the management of online publishing services, including the qualification of publishing units, the review of published content, and the management of publishing activities. 4. Online Works Registration System: This system was promulgated in 2015 to provide a convenient way for copyright owners to register and protect the copyrights of online works. 5. Other relevant laws and regulations: There are many other laws and regulations that provide for the protection of copyrights of online works, such as the Regulations on the Protection of Computer Software, the Administrative Rules on Internet Information Services, and the Administrative Rules on Internet Electronic Announcement Services.
The copyright of foreign contemporary literary works published in China generally involved the following aspects: 1. Duration of copyright protection: According to the copyright law of the People's Republic of China, the copyright protection period of a work is generally 50 years from the date of creation. However, if the author dies during the copyright protection period, the copyright protection period will be extended by 50 years. 2. Protection of the copyright of translated works: According to the copyright law of the People's Republic of China, the term of protection of the translated works is the term of protection of the original author + the term of protection of the translator's copyright of the translated works. Generally, the term of protection of the translated works is 50 years. However, if the translated work was completed in China, the copyright protection period of the translator would be extended by 50 years. 3. Protection of copyrights for adapted, transplanted, and derived works: adapted, transplanted, and derived works need to obtain the authorization of the original author, otherwise it may constitute copyright violation. For adaptation and transplantation, the copyright of the original work must be respected to avoid unnecessary modifications or changes to the original work. 4. The copyright of the published works: The publishing house needs to obtain the authorization of the original author when publishing foreign contemporary literary works. If the publishing house published the work without authorization, it may constitute copyright infringement. Therefore, when publishing foreign contemporary literary works, the publishing house needed to pay attention to copyright issues and contact the original author to obtain authorization. At the same time, in order to avoid copyright disputes, the publishing house could also choose to purchase the copyright of the original author to obtain legal publication.
The copyright of online works referred to the works created in the online environment, including literature, art, music, movies, television, radio, and other creative achievements in online works. The scope of protection for online works was the same as that of traditional media works, including personal rights, property rights, and honor rights. The laws and regulations of the country have clearly stipulated the protection of the copyright of online works. For example, the copyright law stipulated that copyright owners enjoyed the rights to adapt, translate, compile, organize, display, and other rights of their works, as well as the right to transmit information online. The copyright owners of online works can protect their legal rights and interests through copyright registration, publication, exhibition, performance, broadcasting, screening, etc. In order to strengthen the protection of the copyright of online works, the state's laws and regulations also provide for various protective measures. For example, copyright owners can apply for registration with the copyright administration department and file a lawsuit in court to protect their legitimate rights and interests. The copyright administration department can protect the copyright of online works to prevent online copyright encroachment and pirated acts. In addition, the state can also strengthen the protection of the copyright of online works through laws, relevant policies, and the establishment of intellectual property protection agencies.
Foreign literature, movies, and music works enjoyed copyright protection in China. According to the "copyright law of the People's Republic of China"(the "copyright law"), works enjoy copyright protection from the day they are created. The author enjoys the right of authorization, the right of publication, the right of translation, the right of adaptation, the right of compilation, and the right to protect the integrity of the work. For foreign literature, film, and music works, they can also enjoy copyright protection in China according to the relevant provisions of the copyright law. For example, the copyright law clearly stipulated that foreign literary, film, and musical works could be copied, distributed, performed, shown, broadcasted, adapted, translated, and compiled within China, as long as these acts did not violate the legitimate rights and interests of Chinese copyright owners.
The copyright protection regulations for online works refer to the copyright law of the People's Republic of China and other relevant laws and regulations on the copyright protection of online works. According to the copyright law of the People's Republic of China, online works include but are not limited to online novels, online poems, online essays, online news articles, online short stories, online music, online movies, online animations, etc. The protection of online works by the copyright law is mainly reflected in the following aspects: 1. The ownership of copyright The Time and Place of Creation 3. Transfer, Inheritance and authorization of copyrights 4. The issue of copyright protection of works When creating online works, the author enjoyed the copyright, but after the works were spread through the Internet, the object of copyright protection changed from the works themselves to the original expression of the author, that is, the copyright of the works was transferred to the creator. On February 25, 2019, the fourth revision of the copyright law was promulgated, and more detailed provisions were made on the copyright protection of online works, including: (1) The scope of copyright protection for online works includes the copyright owner's original expression of creativity, conception, design, production, transmission, storage, use, public display, etc. of online works. (2) The copyright owner has the right to choose whether to exercise the copyright or to give up the exercise of the copyright without having to bear any responsibility for the act of Force Majeure or the act of torturing. (3) Without the permission of the copyright owner, no one is allowed to make use of online works by copying, distributing, renting, exhibiting, performing, showing, broadcasting, information network transmission, etc. (4) The copyright owner of a network work has the right to permit others to use his network work by means of reproduction, distribution, rental, exhibition, performance, screening, broadcasting, information network transmission, etc., but he shall pay remuneration in accordance with the regulations. (5) The copyright owner of an online work has the right to modify, edit, adapt, translate, compile, and create other works within the scope permitted by law, and has the right to authorization others to use them. In addition, the copyright law also stipulated that other rights enjoyed by the copyright owner included but were not limited to: the right of authorization, the right to modify, the right to protect the integrity of the work, the right to publish, the right to exhibit, the right to perform, the right to show, the right to broadcast, the right to transmit information online, the right to translate, the right to compile, the right to adapt, and so on.
The term of copyright protection referred to the period of copyright protection enjoyed by the copyright owner for his literary works, music, movies, television dramas, and other works. The term of copyright protection is usually lifelong, but there are some works that have a shorter term of protection, such as novels, poems, photography, etc. The term of copyright protection is usually 50 years. The term of copyright protection is calculated as follows: The term of copyright protection of a work is calculated from the date on which the author first creates the work. If the work is publicly published or published during the term of copyright protection, the term of copyright protection will continue to be calculated from the date on which the work is first published or published. For example, if a novel was first published in 1995, the copyright protection period of the novel would start from 1995 and end in 2045. It should be noted that the term of copyright protection is not permanent. If the copyright owner no longer owns the copyright of the work during the term of copyright protection, or if he sells, transfers or gives it to others, the term of copyright protection will expire.
The meaning of copyright protection was that copyright was an original right, including the right to create, adapt, translate, and distribute literary works, music, movies, television dramas, photographic works of art, and so on. This right is protected by the law. Unauthorized or unapproved acts of copyright will be punished. The protection of copyrights was very important to creators. Through copyrights, creators could protect their creativity and intellectual property rights and obtain economic compensation and returns. In addition, the protection of copyright also helps to promote innovation and development in the fields of literature, art and science, encouraging people to create excellent works and maintaining social harmony and stability. Protecting copyrights also helps to raise the public's awareness and protection of intellectual property, enhance people's respect and protection of intellectual property, promote the rational use and sharing of intellectual property, and promote social economic development and civilization progress.
The copyright protection period of a work of art was usually from the date of creation for life. However, according to the third paragraph of article 21 of the copyright law, if the copyright owner wants to rent, exhibit or perform the work, the rental, exhibition or performance can be registered with the copyright administration department within one year from the date of creation of the work. In other words, if the copyright owner wishes to register after one year to protect his copyright, he needs to apply for registration with the copyright administration department after one year from the date of creation.
The copyright protection of works published online was reliable. According to the copyright law, the author's copyright includes personal rights and property rights. Personal rights include the right to publish, the right to sign, the right to modify, and the right to protect the integrity of the work. In the age of the internet, authors could publish their works through the internet and enjoy copyright. The internet could be a place to publish works or a platform for publishing works. In addition, the distribution of works through the Internet could also be regarded as public publication and thus enjoy copyright protection. Although the internet made it easier to create and distribute works, copyright protection was still reliable. The copyright owner can protect his rights and interests through legal means, including filing an copyright violation lawsuit. At the same time, copyright owners can also expand their rights and interests through cooperation and authorization to obtain economic benefits. Therefore, authors who published their works online and enjoyed copyright could create and share their works with peace of mind.
The copyright protection of literary works uploaded on the Internet involves the scope of legal protection of copyright, the rights and obligations of copyright owners, and the legal responsibility of the acts of copyright violation. 1. The legal scope of copyright protection According to the copyright law, the scope of copyright protection for literary works includes: (1)scripts, movie scripts, novels, poems, essays, travel notes, and other literary works; (2)the act of adaptation, translation, annotation, and arrangement of works; (3)the singing, performance, and broadcasting of musical works and sound works; (4)The act of creating works of art, architecture, photography, and so on. 2. The rights and obligations of copyright owners The copyright owner has the right to: (1)to permit others to use one's work; (2)prohibit others from using their works without authorization; (3)Pay the copyright fees according to the agreement; (4)To manage and protect the copyrights of works. At the same time, the copyright owner has the obligation to: (1)Protect the copyright of one's own work and not violate the copyright of others; (2)When granting permission to others to use one's work, the scope and method of use shall be clearly stated; (3)Pay the copyright fees according to the agreement; (4)Take the necessary measures in time to protect your work from copyright infringement. 3. The legal responsibility of the tortious act If someone else uses your work without authorization or permission, it will be an act of copyright violation. According to the copyright law, the legal responsibility for an act of copyright violation includes: (1)The violator immediately stopped the act of copyright violation; (2)Compensate the reasonable expenses of the economic losses caused by the violation; (3)Bear other legal responsibilities. Therefore, when uploading literary works on the Internet, they had to strictly abide by the relevant laws and regulations on copyright protection to ensure that their works were legally protected by the copyright owner. At the same time, it was also necessary to respect the intellectual property rights of others to avoid the occurrence of copyright infringement.