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Are foreign literary, film, and musical works protected by copyright in China?

2024-09-18 01:33
Recently, a certain director was asked if he had plagiarized a foreign TV series. He just said that it was a tribute to the original work and passed it over. Did foreign works enjoy copyright protection in China? What kind of plagiarism is considered copyright violation? For example, in a TV series, changing the names of the characters, the dialogue, and the background was considered plagiarism. Or should I say a book? If I translate the original English into Chinese and add or delete some passages, would that count as plagiarism?
1 answer
2024-09-18 04:08

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.

Are foreign works protected in China?

1 answer
2024-09-14 18:18

The copyrights of foreign works are usually protected in China, but the specific situation may vary according to the country and region. In China, the copyright of a work was protected from the day it was created. The author's right of authorization, right of modification, right to protect the integrity of the work, etc., were all protected for 50 years after the creator's death. However, foreign works could be translated and publicly disseminated in China as long as they complied with the relevant laws and regulations. It was regarded as a good use of the work and would not violate the copyright of the work. In addition, in China, authors could also transfer the copyright of their works to a third party through authorization to obtain copyright income.

How was the copyright of literary works protected?

1 answer
2024-09-09 06:33

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.

The copyright of foreign contemporary literary works published in China

1 answer
2024-09-14 18:22

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.

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 is the scope of works protected by China's copyright law?

1 answer
2024-09-14 18:14

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.

How to publish literary works online? Are the works of the blog protected by copyright?

1 answer
2024-09-16 00:07

1 Ways to publish literary works online: He could publish his works on major literary platforms such as Qidian Chinese Network and Zongheng Chinese Network. These platforms all had strict writing standards and copyright protection policies. They had to abide by the rules of the platform before they could publish their works. You can also use a blog or other social media platforms to publish your work. However, due to the lax management of social media platforms, one had to pay attention to protecting their copyrights when publishing their works. Are the works of the blog protected by copyright? Blogs are usually protected by copyright because the work published on a blog is a form of text. If the blogger doesn't keep the work or doesn't get permission from others after the work is published, then the author has violated the copyright of the work. However, the copyright protection of a blog's work is weaker because the blogger can delete or modify the work at any time. In addition, due to the anonymous nature of the Internet, it was difficult to determine the copyright of the work. Therefore, it was best to abide by the copyright protection regulations when publishing works and retain the original text and copyright information of the work.

How was the copyright of a film script protected?

1 answer
2025-03-12 09:25

The copyright protection of film scripts usually included the following aspects: 1. copyright registration: In the early stages of copyright protection, the copyright of a film script can be protected through copyright registration. The copyright registration was the first step in copyright law protection. It could prove the ownership of the copyright and the creator, and help to defend the rights when the copyright was violated. 2. Exclusive license: The copyright of the film script can be protected by exclusive license. An exclusive license meant that the creator could allow others to use the copyright for a certain period of time, but prohibited any form of copying, distribution, adaptation, translation, etc. This kind of protection could avoid copyright abuse and excessive competition, and at the same time, it could help creators obtain more benefits. 3. Use authorization: The copyright of a movie script can also be protected by authorization. An authorized use meant that the creator could license the copyright to a third party for use, but he needed to obtain the authorization of the authorized party and pay the corresponding fee. This kind of protection could allow third parties to obtain better benefits while also protecting the rights and interests of the copyright owner. 4. Infraction compensation: If the copyright of the film and television script is violated by others, the creator can obtain corresponding compensation. According to the relevant laws and regulations, the violator had to pay the copyright fee to the creator and destroy the pirated works to compensate. The copyright protection of film and television scripts needed to be protected from many aspects, including copyright registration, exclusive license, authorization to use, and compensation for infringement to ensure that the rights and interests of the copyright party were fully protected.

What works are protected by copyright law? Which works are not protected?

1 answer
2024-09-11 06:35

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.

Can doujinshi works be protected by copyright?

1 answer
2025-03-02 23:51

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.

Which works are not protected by copyright law

1 answer
2024-09-16 19:21

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.

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