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The relevant provisions on copyright protection

2024-09-13 13:33
1 answer
2024-09-13 15:51

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.

What are the relevant provisions on the duration of protection of the property rights of a foreigner's work?

1 answer
2024-09-14 18:10

The relevant provisions on the term of protection of the property rights of foreign works are as follows: The property rights of works owned by foreigners in China are protected by Chinese law from the day they are created. However, if a work created by a foreigner in China has not yet been published, the copyright has not yet been created, so it is necessary to apply for copyright registration or publish the work in China in order to enjoy the copyright. 2. The duration of protection for the property rights of a foreigner's work varies according to different circumstances. Generally speaking, the term of protection of the property rights of a foreigner's work is not limited, but the term of protection of a foreigner's work that has applied for copyright registration in China is determined by the order of registration. The term of protection of a foreigner's work that has applied for copyright registration first has priority over a foreigner's work that has applied for copyright registration later. The term of copyright protection for literary works created by foreigners in China that have not been published or registered in China is 50 years. However, if the work has been published in other countries or has been registered with copyright or has been protected by copyright in countries other than China, the term of copyright protection of the work can be extended. The extension period is not limited, but the longest extension period of protection cannot exceed 20 years. The term of protection of the property rights of works owned by foreigners in China and the term of protection of works created by foreigners in China need to be coordinated with the term of protection of copyrights in other countries. If the other country of the work has already enacted laws related to the duration of protection of the work, then when applying for copyright registration or publishing the work in China, you need to abide by the copyright laws of that country. It should be noted that the term of protection of the property rights of works owned by foreigners in China and the term of protection of works created by foreigners in China still need to be judged according to specific legal provisions.

According to the relevant provisions of China's copyright law, only Chinese copyright owners are protected in China, and foreign copyright owners are not protected

1 answer
2024-09-14 18:02

Correct. According to the relevant provisions of China's copyright law, only Chinese copyright owners are protected. The works of foreign copyright owners are not protected by China's copyright law.

What are the relevant laws in China regarding the protection of the copyright of online works?

1 answer
2024-09-13 13:31

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.

Are doujinshi novels legal in terms of copyright? Are there any relevant provisions in the field of intellectual property law?

1 answer
2025-03-09 03:40

Doujinshi refers to the act of creating, adapting, or recreating an original work in a unique way. In terms of copyright, whether or not a doujinshi was legal depended on the circumstances. According to intellectual property law, the rights and interests of an original work belonged to the author himself, while doujinshi was a second creation based on the original work. Therefore, under normal circumstances, the copyright of the same person did not belong to the original author but to the doujinshi author or the person who adapted it. Therefore, if a doujinshi wasn't authorized by the original author or the original author wasn't mentioned, it could be an act of copyright violation. However, some authors or companies who were aware of copyright protection might take legal measures to protect their copyrights. In addition, the copyright issue of Doujinshi might also involve the protection of cultural property rights and the "fair use" in intellectual property law. Whether or not a doujinshi was legal in terms of copyright depended on the specific circumstances. If you didn't respect the rights of the original author, it could be an act of copyright violation.

Is there a time limit for copyright protection? What was the duration of copyright protection?

1 answer
2025-03-08 16:37

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.

What was the meaning of copyright protection? How important was copyright protection?

1 answer
2024-09-09 06:39

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.

Period of protection of copyright

1 answer
2024-09-18 16:42

The term of protection of a work's copyright was usually 20 years, but the copyright owner could extend the term of protection. The specific extension of the term of protection was the legal practice of various countries. For example, the copyright protection period in China was 120 years for the author's lifetime and 50 years after his death, while the copyright protection period in the United States was 175 years for the author's lifetime and 40 years after his death. During the extended period, the copyright owners still retained the copyright of their works unless they voluntarily gave up the rights. If the copyright owner does not give up his rights, his personal rights and property rights (such as the right to profit, adaptation rights, translation rights, etc.) are protected by the copyright law after the work is published.

How long is the copyright protection period? How to determine the duration of copyright protection?

1 answer
2024-09-18 16:38

The copyright protection period was 20 years from the day the author created the work. However, according to the third paragraph of article 21 of the copyright law, the copyright owner can claim rights at the same time, that is, he can exercise the copyright or neighboring rights at the same time. The duration of copyright protection was determined according to the specific circumstances of the work. According to the copyright law, the term of copyright protection for film works and works created by similar methods shall be calculated from the date of creation; music, drama, opera, folk art and other performance works shall be calculated from the date of performance. For literary works, according to the provisions of the first paragraph of article 10 of the copyright law, copyright includes all the rights stipulated by the copyright law and the copyright sharing law, including the right to publish, the right to sign, the right to modify, the right to protect the integrity of the work, the right to translate, the right to compile, the right to adapt, etc. Therefore, the duration of protection needed to be determined according to the specific circumstances of the work.

What was the difference between the protection of copyright in the online environment and the protection of copyright on the internet? Was online copyright the same as copyright in the online environment?

1 answer
2024-09-13 13:34

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.

Is the copyright protection period 50 years?

1 answer
2025-03-09 21:54

No, the copyright protection period is 20 years, but depending on the specific circumstances, the copyright owner can extend the protection period up to 40 years. In addition, the copyright owner could exercise the right to profit from the copyright of a specific work without first filing a lawsuit in court.

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