Protection of the property rights of foreignersRegarding the protection of the property rights of foreigners, China's relevant laws and regulations have carried out corresponding protection. According to the copyright law, the works of foreigners and foreigners enjoyed copyright in China. The works of foreigners and foreigners may be published in China first, but they may also be published outside of China and enjoy copyright.
The works of foreigners and foreigners enjoy copyright in China. The Chinese government has also introduced some measures to protect the property rights of foreigners. For example, the "copyright law" stipulated that foreigners and foreigners could apply for Trademark Registering or copyright registration in China in accordance with the laws and regulations of their own country, or they could negotiate with each other according to the principle of mutual benefit and equality. In addition, the Chinese government has also introduced some policies to encourage foreigners to apply for copyright or trademark in China and give them corresponding preferential treatment.
The protection of the property rights of foreigners 'works has received corresponding legal protection in China, which has also played a certain role in the protection of the property rights of foreigners' works.
How long was the term of protection of property rights in copyright?The term of protection of property rights in copyrights is usually 20 years, but it may be extended or shortened according to specific circumstances.
The property rights in copyright include the right of signature, the right of modification, the right of display, and the right of supervision. These rights can continue to be effective after the death of the copyright owner until they are automatically extinguished after 20 years. If the copyright owner wants to extend the protection period of these rights, he can negotiate with the copyright inheritor or use other methods to exercise these rights within the scope of the law.
It should be noted that the term of protection of property rights in copyrights is not unlimited. If there is no change in the copyright after 20 years, these rights will expire. In addition, if the copyright owner wants to exercise other rights in the copyright, such as adaptation, translation, production of derivative works, etc., they also need to comply with the law and obtain the corresponding permission or remuneration.
How long is the protection period of the property rights in the copyright of an individual work?The term of protection of property rights in the copyright of an individual's work was usually 20 years, but the specific term of protection was determined by the specific provisions of the copyright law. According to the copyright law, the author's basic rights, such as the right of authorization, the right of modification, and the right to protect the integrity of the work, are protected for 20 years respectively. However, the copyright law also provides that within 20 years after the completion of the creation of the work, the author has other priority rights, such as permission to others to copy, distribute, rent, exhibit, perform, show, information network transmission, etc. to use the work and receive remuneration. If the author is still alive after 20 years and his work has not been damaged in any way, he can continue to enjoy the above rights. If the author died, the duration of protection of his work would be determined according to the specific circumstances at the time of his death.
What is the duration of copyright protection? What was the limitation of action for the violation of rights?The term of protection of the copyright was the author's lifetime plus 50 years after his death. If the author dies less than 50 years ago, the copyright will be automatically extended for 50 years.
If the copyright violation occurred 50 years later, the copyright violation would still be valid even if the author had passed away.
The limitation period for an action for copyright violation is 20 years, but the court may extend or shorten the time limit according to the actual situation. If the violation occurred 20 years ago, the limitation of action for the violation was 20 years; if the violation occurred 20 years later, the limitation of action for the violation was 5 years. However, if the act was proven to be invalid, the court might order the violator to stop the act immediately and compensate for the loss.
How long is the period of protection for the property rights in the copyright of an individual's work?The term of protection of property rights in the copyright of an individual's work is usually 20 years, but it may vary according to the specific circumstances.
In the copyright law, the author enjoyed the copyright of his own work, including the creativity, ideology, artistry and other aspects of the work. The term of protection of the copyright shall take effect from the date of creation, and the term of protection shall last for 20 years, that is, until December 31, 20 years after the first publication of the work. During this period, the author's personal and property rights shall not be violated.
However, the term of protection of a copyright is not unlimited. According to the specific circumstances, the copyright owner can exercise the property rights in the copyright in advance, that is, terminate the term of protection, or continue to enjoy the personal rights in the copyright after the term of protection. For example, in the case of reasonable use, the copyright owner could permit others to use their work without paying copyright fees.
Therefore, the specific period of protection needs to be determined according to the specific circumstances. If the author is still alive after 20 years, he can continue to enjoy the property rights in the copyright.
How long was the period of protection for the property rights in the copyright of an individual's work?The term of protection for property rights in the copyright of an individual's work was usually 20 years. However, according to China's "copyright law", the author's right of authorization, right of modification, and right to protect the integrity of the work are not limited. That is, the copyright owner can enjoy these rights until death or the copyright is extinguished. Therefore, if the author is alive, the copyright holder of his work can enjoy these rights until he/she dies.
What are the relevant provisions on the duration of protection of the property rights of a foreigner's work?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.
How long was the term of protection of property rights in copyright? Which clause had an explanation?The term of protection of property rights in copyrights was clearly stipulated by law. Under normal circumstances, it was 20 years. However, according to the first paragraph of article 34 of the copyright law, the author's right of authorization, right of modification, and right to protect the integrity of the work are not limited. This means that the author can modify, publish and distribute his work at will during the copyright protection period, but he has to abide by the relevant laws and regulations.
In addition, according to the first paragraph of article 39 of the copyright law, the protection period of the property rights in the copyright (including the accompanying right, adaptation right, translation right, compilation right, etc.) can be extended to 50 years or 5 years after 50 years, unless otherwise stipulated by law.