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Is it right or wrong for a minor not to enjoy copyright?

2024-09-14 02:41
Is it right or wrong for a minor not to enjoy copyright?
1 answer
2024-09-14 02:45

This question involved the original intention of the copyright law and the controversy in the specific practice. From the original intent of the law, a minor did not have the ability to create independently, so they needed to rely on the authorization or guidance of an adult to create works and thus enjoy copyright. The original intention of this law was to protect the legal rights and interests of the minor to a certain extent, and at the same time, it also promoted the prosperity of literary creation. However, there were some disputes in practice. Some people think that teenagers enjoy copyright because they have the ability to create and their works are usually completed through their own intellectual labor. In addition, the works of teenagers may be more imaginative and innovative, so they should be given corresponding rights protection. Others argue that teenagers do not enjoy copyright because they lack the ability to create independently and their intelligence may not be high enough to understand the value of their work. In addition, the works of a minor may not meet the creative conditions stipulated in the copyright law, such as having to be original. Therefore, there was no simple answer to this question that needed to be judged according to the specific situation. The legal rights and interests of the minor should be taken into consideration in the lawmaking, and the prosperity of literary creation should also be promoted. Therefore, in some cases, it may be considered that the minor enjoys copyright. However, in actual practice, it was necessary to judge and weigh it according to the specific situation.

What is a copyright owner? Does a minor enjoy copyright?
1 answer
2024-09-14 02:35
The copyright owner referred to the person who enjoyed the copyright of the work, including the author, the editor, the translator, the performer, the broadcaster, and so on. Minors could also enjoy copyright, but they had to meet certain conditions. According to the provisions of the "copyright law", the guardian of the author of a minor's work under the age of 10 shall bear the copyright responsibility. The guardian shall bear the copyright responsibility of the author of a minor's work that has reached the age of 10 but has not yet completed the work or the work has been completed but has not been published or distributed or has not been legally protected. In addition, if a minor was not yet 18 years old at the time of creation, he or she would need a guardian to exercise copyright on his or her behalf. The guardian could transfer the copyright of the work to the minor after adulthood or let the minor own the copyright of the work in a reasonable way, but the relevant rights needed to be retained. It should be noted that when creating a work, a minor must abide by relevant laws and regulations and must not violate the legal rights and interests of others. At the same time, when exercising their copyrights, they also had to abide by relevant laws and regulations and not violate the legal rights of others.
How can a minor apply for copyright?
1 answer
2024-09-14 02:58
Minors could also apply for copyright. According to the copyright law, the copyright of a minor's work under the age of 18 was enjoyed by the guardian. The guardian may transfer the copyright to the minor or give up the copyright of the minor. Minors must abide by the law when creating works, such as not violating the personal rights and property rights of others. At the same time, they must apply for copyright registration with the copyright department and abide by relevant regulations. When applying for copyright registration, the minor needed to provide the identity certificate of the guardian and relevant proof materials to prove that his creation was true.
Can a minor publish a novel? Do they have copyright?
1 answer
2024-08-25 05:14
Under normal circumstances, underage people could not publish novels because they were underage and did not have full civil capacity and copyright awareness. However, if a minor independently creates and completes a novel with the help of their parents or other guardians, they may enjoy copyright. If the creation of a novel complied with the provisions of the copyright law, then the parents or other guardians of the minor could be regarded as the copyright owner of the work, and the minor could also enjoy the copyright. It was important to note that when writing novels, teenagers had to abide by the law, such as not using violence, sex, and other content, and not violating the intellectual property rights of others. In addition, when a minor wrote a novel, they needed the permission of their parents or other guardians. Otherwise, it might constitute an act of copyright violation. Minors could publish novels, but they had to follow the law and obtain permission from their parents or other guardians.
If an author was detained, could the author still enjoy the copyright?
1 answer
2024-09-23 08:25
If the author was detained, he might face legal risks and responsibilities. In this case, the author can still enjoy the copyright, but the following points need to be noted: 1. What copyright protects is the product of creation, not just the process of creation. Even if the author was detained in the process of creation, he could still protect his creations, such as novels. 2. The scope of copyright protection is not limited and can continue to be enjoyed after the author is detained. Even if the author was detained, he could still create, publish, and adapt his works and enjoy the corresponding legal rights. 3. It should be clear that if the author violates the law in the process of creation, such as violating the intellectual property rights of others, his copyright may be deprived or restricted. Therefore, if the author is detained, it is recommended to contact a lawyer in time to understand the relevant legal provisions and take the necessary measures to protect his copyright rights.
Can a ten-year-old child enjoy copyright?
1 answer
2024-09-14 02:41
According to China's laws and regulations, a minor under the age of 10 could not enjoy copyright. This is because copyright includes personal rights and property rights. Personal rights include the right to publish, the right to sign, the right to modify, and so on, while property rights include the right to profit, inheritance, and so on. Minors lacked self-awareness and could not exercise these rights independently, so they needed the authorization of their guardians. Minors under the age of 10 could not enjoy copyright, but they could still be responsible for their own actions and create excellent works. In addition, in some special circumstances, the guardian may grant authorization to the works of a minor to protect the legal rights and interests of the minor.
How to Choose the Right Way to Enjoy a Story?
3 answers
2024-10-11 02:42
You can start by picking a genre you like. Then, find a story in that genre, whether it's a book, a movie, or an audio tale.
Is it correct to say that one does not enjoy copyright under the age of 18?
1 answer
2024-09-14 02:51
This statement was not completely correct. According to the provisions of the copyright law, a minor under the age of 18 can be regarded as an author, but they need to be held responsible by their guardian. A work created by a minor may be exercised by his guardian on behalf of him or be deemed to have authorized others to exercise the copyright. However, in the process of exercising copyright, a minor must meet certain conditions, such as having full civil capacity. At the same time, the works of underage children also needed the consent of their guardians before they could be released publicly. Therefore, although a minor under the age of 18 could be regarded as an author, they had to meet certain conditions to exercise copyright and their guardians had to bear the responsibility.
Is the filming right of a novel the same as the copyright of an animation?
1 answer
2024-09-25 13:35
The filming rights of a novel were not necessarily the same as the rights to make it into an animation. If the novel was written by a single person or team, the copyright may belong to that person or team, or it may belong to a single publishing company or co-publishing company. In this case, the copyright owner could decide to make the novel into a movie, television series, animation, or other form of work and authorized others to produce it. On the other hand, if the novel has been widely circulated and has become a work of high public awareness, its copyright may already belong to a certain publishing company or a joint publishing company, or it may be a public copyright. In this case, anyone could create any work related to the novel, including animation works. Therefore, to determine whether the filming rights of a novel were the same as the rights to make an animation, one needed to know the copyright owner of the novel, the usage of the copyright, and whether the novel had been widely distributed.
Is the right to an unpublished manuscript intellectual property (copyright)?
1 answer
2024-09-14 02:41
The rights to unpublished manuscripts did not necessarily belong to intellectual property (copyright). Under normal circumstances, only when the author had completed the work and created an original work such as a novel, poem, music, film, etc. could they enjoy the copyright. When the work was completed and submitted to the relevant departments for copyright registration, the copyright would be officially produced. However, for unpublished manuscripts, if the author believes that his work has constituted an original work and is willing to submit it to the relevant departments for copyright registration, the rights of the unpublished manuscript can also be classified as intellectual property. It should be noted that when submitting the work to the relevant departments for copyright registration, certain conditions must be met, such as the work must be original and the preliminary copyright registration must have been carried out. In addition, the ownership of the rights to the unpublished manuscripts needed to be analyzed on a case-by-case basis. Therefore, the specific situation needed to be consulted with the relevant departments or lawyers.
Does the "copyright property right" of the novel include the right to film and television adaptation
1 answer
2024-09-22 12:39
The property rights of a novel usually included the rights to film and television adaptation. However, whether or not the film adaptation rights were included might vary depending on the agreement between the author and the film adaptation party. For example, if the author of a novel reached an agreement with the film editor to explicitly adapt the novel into a film or television work, the author of the novel might be entitled to the corresponding adaptation benefits. However, if the film adaptation company adapted the novel into other forms of work such as movies, TV series, or comics, the author of the novel might not have the right to receive the adaptation benefits. Therefore, whether or not the film adaptation rights were included needed to be analyzed according to the specific situation.
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