The copyright law of the People's Republic of China (the "copyright law") protects the rights of the following works: Literature works include novels, essays, poems, plays, movies, television shows, folk arts, acrobatics, etc. 2. Fine arts, music, dance, sculpture, photography, film works, and works created by similar means. 3. Scientific discoveries, technological inventions, computer software, etc. The copyright law does not protect the following works: 1. Marks, labels, and other non-literary works of art. 2. News, announcements, statements, notices, and other information or facts that are not part of the work itself. 3. Laws, regulations, rules, orders, and other works of state organs, as well as publicly disseminated or publicly published government information. 4. Compiling, translating, adapting, and sorting out existing works. However, works compiled, translated, adapted, and sorted out in traditional ways are not considered to be within the scope of copyright protection. 5. Other rights that are not related to the work itself, such as personal rights, property rights, etc.
According to the copyright law, the following works are not protected by copyright law: 1. Singing, dancing, playing musical instruments, and other performances in public places; 2. Musical works that were organized, directed, and co-created within a unit of time; 3. Works based on current affairs, fatigue, illness, physical defects, accidents, and other natural conditions; 4. The adaptation, translation, adaptation, continuation, and other works of published works and works that have been publicly disseminated; 5. A re-creation of a published work. It should be noted that even if these works are not protected by copyright law, they may still be protected by other laws such as trademark law, patent law, etc.
According to the copyright law, the following works are not protected by copyright law: 1. The management system of public places such as the rules and regulations of public places such as the airport, railway station, subway, etc.; 2. documents, announcements, notices, etc. produced by government, military, and other official institutions; 3. documents, announcements, notices, etc. produced by industry associations, chambers of commerce, and other groups; 4. Non-creative acts of adaptation, such as compilation, translation, adaptation, continuation, deduction, and adaptation into other works; 5. A published work that has been copied, distributed, rented, exhibited, performed, shown, broadcasted, or spread on the Internet without the permission of the copyright owner is not protected by the copyright law. It should be noted that even if these works are not protected by copyright law, the copyright owner can still exercise other rights such as the right of authorization, the right to modify, and the right to protect the integrity of the work.
The scope of works protected by the copyright law includes: 1. literary and artistic works include novels, poems, plays, movies, television, music, fine arts, sculptures, photography, and other artistic forms; 2. Calculation methods and programs include computer software, algorithms, programming arts, etc.; 3. Riddles, puzzles, intellectual games, and humorous works; (4) Other works that should be protected by the copyright law as stipulated by laws and administrative regulations. It should be noted that the copyright law does not protect works that are obviously original, such as news reports, reviews, essays, etc., but only works that are original, such as novels, poems, etc.
Most novels, poems, scripts, movies, television programs, music, paintings, sculptures, architectural works, etc. can be protected by copyright. Specifically, according to copyright law, the following are some common types of works: 1. Fictions: Including novels, collections of stories, short stories, poems, etc. 2. Script: Including scripts for movies, TV series, plays, stage plays, and so on. 3. Musical works: including songs, symphonies, piano pieces, folk music, etc. 4. Paintings and sculptures: including oil paintings, sculptures, watercolor paintings, ink paintings, etc. 5. Construction works: Including buildings, bridges, parks, and other construction works. It is important to note that the duration of copyright protection is limited, usually decades. If the work is not authorized or used within the copyright protection period, the copyright owner has the right to pay the copyright fee.
According to the provisions of the third paragraph of article 1 of the "copyright law", the following works are within the scope of protection of the copyright law: (3)The original ideas, works, concepts, principles, and methods in the fields of literature, art, and science included engineering designs, product designs, maps, schematics, models, structures, machines, equipment, product samples, sample designs, computer programs, algorithms, mathematical models, scientific discoveries, research results, academic articles, theses, books, journals, newspapers, magazines, music, audio and video signals, electronic data packages, and so on. Therefore, whether it was online novels or other literary works, as long as they belonged to the original ideas, works, concepts, principles, methods, etc. in the fields of literature, art, and science as stipulated in paragraph 3 of article 1 of the copyright law, they could be protected by the copyright law.
1. The scope of works protected by China's copyright law includes: (i) Original ideas, works and intellectual achievements in the fields of literature, art and science; (2) oral and non-oral performances; (3) Original news reports, news, news bulletins, etc. in current affairs, newspapers, journals, books, records, radio, television, movies, and other media; (4) Computer software and other digitized intellectual achievements. In addition, the copyright law also protects the author's original right to modify, adapt, translate, and so on. The differences between copyright and neighboring rights include: (1) Different types of rights: copyright is a personal right while neighboring rights are a property right; (2) The scope of protection is different: copyright mainly protects the work itself, while neighboring rights mainly protect the information, thoughts, or expressions of emotions conveyed by the work; (3) The way to exercise rights is different: the copyright owner can exercise it independently, while the neighboring right owner needs to pay the copyright owner a fee to exercise it; (4) Different time: copyright protects the work after the creation is completed, while neighboring rights protect the rights of the work in the process of communication. The copyright and the neighboring right are two different rights. The copyright focuses more on the creativity and ingenuity of the work itself while the neighboring right focuses more on the expression of the information, thoughts or emotions expressed by the work.
Doujinshi refers to the same or similar works created by different people based on an original character, group, or theme. Under normal circumstances, the creator of a doujin work would not violate the copyright of the original work because the doujin work itself was not an original creation but a re-creation. However, if a doujinshi work was original and could prove that the author had done sufficient creative work on the work, then the work might be protected by copyright. The creation of doujinshi works usually required the author to conduct in-depth research and modification of the original work's worldview, character setting, storyline, etc., so that its creativity could be fully guaranteed. In addition, if the copyright of the original work has expired or has not expired but the author has not applied for an extension in time, then the doujinshi works also have a chance to be protected by copyright. In this case, the author needed to apply for copyright protection in time to avoid copyright infringement. Doujinshi works did not necessarily violate the copyright of the original works. As long as they were original and the author had done sufficient creative work, they had a chance to be protected by copyright.
The copyright protection of literary works included the following aspects: 1. The copyright takes effect when the author creates a literary work. The copyright will automatically belong to the author unless the author transfers or permits others to use it before the copyright takes effect. 2. Protecting the copyright: The author can use the copyright to protect his own creation from being used by others without authorization. 3. Exhibition, performance, adaptation, translation, etc. of copyright: When a literary work is authorized to be exhibited, performed, adapted, translated, etc., the copyright is also protected accordingly. 4. Infraction of copyright: When the copyright of a literary work is violated by others, the author can defend his own rights and interests through an action of copyright violation. 5. Protection of copyright: In order to further strengthen the protection of copyright, many countries have formulated relevant laws and regulations to protect the copyright of literary works more strictly. The copyright protection of literary works was very important. The creators could protect their own creations through copyright, and at the same time, they could also protect the rights and interests of the readers.
Doujinshi referred to different works based on the same character, character, or storyline. It usually included novels, comics, animations, games, and so on. The creator of a doujinshi work would usually regard the intellectual property rights of the original work as his own and would sign the author or character name of the original work in his own work. Legally, doujinshi works were considered derivative works. The copyright of the original works was owned by the copyright owner, but the doujinshi creator could use the elements or images of the original works in his own works, which was considered a "fair use". If a doujinshi produced an original work, its copyright would be protected by copyright law. However, copyright law doesn't protect all doujinshi works. Only if they comply with the law will they be protected. The copyright laws of some countries and regions may allow the creation and use of doujinshi works, but they must abide by certain rules and restrictions. Doujinshi works are legally considered derivative works, and their copyrights are protected by copyright law, but the exact scope and degree of protection may vary by country and region.
The scope of protection of China's copyright law includes: 1 Music 2 Film works and works created in a similar way to film production 3 Photographic Works 4. Engineering design drawings, product design drawings, maps, schematics, and other visual works 5. Other circumstances that may be regarded as works as stipulated by laws and administrative regulations. Therefore, works that are prohibited from being published and disseminated in China are not protected by the "copyright law" if they meet any of the above types of works. For example, the laws and regulations that prohibit publication and transmission include, but are not limited to, the Law of the People's Republic of China on the Protection of Minors, the Labor Law of the People's Republic of China, and the Anti-terrorism Law of the People's Republic of China.