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 term "copyright" referred to the personal and property rights enjoyed by the author of the literary, artistic, and scientific works he had created. The term of copyright protection was the author's lifetime and fifty years after his death. If the author is alive, the copyright owner can extend the term of protection. The specific extension method is: every five years, every five years. The copyright includes the following rights: 1. Creation rights: refers to the exclusive rights of the author to his own works, including modification, adaptation, translation, compilation, interpretation, etc. 2. The right to publish: The author has the right to make his work public. 3. The right of signature: The author has the right to indicate his or her own name in the work. The right to protect the integrity of a work: refers to the right of the author to modify, delete, add, and adapt the work to maintain the original appearance of the work. 5. The right to display: The author has the right to display his work to the public. 6. Revenue rights: refers to the income obtained by the author due to the work, including royalties, performance income, adaptation rights income, etc. Other rights enjoyed by the copyright owner include: 1. Prohibiting others from violating copyright: It refers to the right of the copyright owner to prohibit others from violating his personal rights and property rights. 2. Right of translation: The copyright owner has the right to translate the work into multiple languages. 3. Right of compilation: refers to the right of the copyright owner to compile the works into a collective. 4. The right of information network transmission: refers to the right of the copyright owner to enjoy the information network transmission of the work. He can transmit the work to the public free of charge on his own information network. If the copyright owner violates the above-mentioned provisions and violates the copyright of others, it will constitute an intellectual property right violation.
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.
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.
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.
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 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.
There was a difference between the protection of copyright in the network environment and the protection of copyright on the Internet. Online copyright referred to the copyright enjoyed by literary works created on the Internet. In the traditional offline environment, once the copyright was published, it would automatically take effect. And in the network environment, they also enjoyed the copyright of the network. The scope of protection for online copyrights was similar to the offline environment. It also included the creative expression of literature, art, science, and other aspects of the work, as well as the rights to adapt, translate, perform, and display the work. However, there are also some unique protection mechanisms for online copyrights, such as the Internet copyright protection law, online copyright registration, etc. These mechanisms help to protect the legitimate rights and interests of online copyright owners. Online copyrights were not copyrights in the online environment. Online copyright is a type of copyright that is protected under the network environment. Online copyright had nothing to do with the internet environment, but with the copyright itself.
The scope of online copyright protection includes: 1. The creativity and conception of the work itself are the elements of literature, art, design, etc. in the online work; 2. The forms of expression of the works are the text, pictures, audio, video, and other forms of creative results in the online works; 3. The rights of the work, namely the rights of the online copyright owner, include the right to copy, distribute, exhibit, perform, show, broadcast, and information network transmission. The scope of online copyright protection was the intellectual results of online works, including creativity and ideas, forms of expression and rights. These rights were all enjoyed by the online copyright owner according to law.
The copyright protection of online music mainly involved two aspects: the copyright of music works and the right to adapt music works. 1. Music copyright The copyright of online music belonged to the composer, lyricist, singer, and other creators when they created the music. The online music platform had violated the copyright of these creators by uploading music works to the platform without authorization. Therefore, online music platforms needed to pay copyright fees to these creators to protect their rights. 2. Right to Adapt Music When online music platforms upload music works, they may make some adjustments, such as adapting a piece of music into another style or singing. These acts of adaptation also violated the right to adapt the original work. The right of adaptation was the author's right to modify, create, interpret, and adapt his work. If the online music platform adapted the music work without authorization, it would also need to pay the copyright fee to the copyright owner of the original work. Online music platforms need to abide by the relevant provisions of the copyright law. Unauthorized uploading of music works or adaptation is an act of copyright violation and requires corresponding legal responsibility. At the same time, online music platforms also needed to clearly explain to users the relevant laws and regulations for uploading music works so that users could understand whether their actions were legal.
The copyright of a web novel was usually jointly owned by the author and the publishing company. However, if an online novel was adapted into a movie, television series, animation, game, or other media format, the copyright would usually be granted to the editor or copyright agent rather than the author of the novel. The editor or copyright agent had to pay the copyright owner (the author of the novel) a copyright fee to ensure that they had the right to use the novel's copyright to make derivative works. Some web novels might be split into multiple series, each with its own copyright. In this case, each novel series may have to pay different copyright fees. If a web novel was authorized to a third-party company or individual for commercial operations, such as making animations, games, or publishing books, the operating company or individual would also have to pay the copyright owner a copyright fee. The rights of the copyright owner are protected during this period unless they agree to sell or grant the copyright to others. If the author of a novel decided to sell or grant the copyright to someone else, they would usually sign a copyright transfer agreement that clearly granted the rights and obligations of the copyright agent and determined the payment method of the copyright fee.