Did doujin works have intellectual property rights? Is it protected by copyright law?
Doujinshi referred to different works based on the same character, character, or storyline. It usually included novels, comics, animations, games, and so on. The creator of a doujinshi work would usually regard the intellectual property rights of the original work as his own and would sign the author or character name of the original work in his own work. Legally, doujinshi works were considered derivative works. The copyright of the original works was owned by the copyright owner, but the doujinshi creator could use the elements or images of the original works in his own works, which was considered a "fair use". If a doujinshi produced an original work, its copyright would be protected by copyright law. However, copyright law doesn't protect all doujinshi works. Only if they comply with the law will they be protected. The copyright laws of some countries and regions may allow the creation and use of doujinshi works, but they must abide by certain rules and restrictions. Doujinshi works are legally considered derivative works, and their copyrights are protected by copyright law, but the exact scope and degree of protection may vary by country and region.
On the intellectual property rights of "Doujin" animation
Doujin animation referred to manga, novels, games, and other works created by different authors or creative teams. They were based on the original works and added their own original elements. The intellectual property rights of Doujin animation involved the following aspects: 1. The issue of copyright: Doujin animation is based on the original work, so the copyright belongs to the original work's copyright owner, which is the animation production company or the original author. Doujin animation production companies needed to obtain permission from the copyright owner of the original work or they might face the risk of copyright disputes. 2. The ownership of intellectual property rights: In Doujin anime, the intellectual property rights of the original creator and the original author may overlap to a certain extent. For example, when the original content appears in the original work, the intellectual property rights of the original creator may be violated to a certain extent. Therefore, when creating Doujinshi anime, it was necessary to abide by the relevant intellectual property laws and regulations to ensure that the intellectual property rights of the work were fully protected. 3. Infringing accusation: If the original creator of a Doujin anime finds that his work has been used by others without authorization, he may sue the violator and ask the violator to immediately stop the act and compensate for the losses. 4. Protecting intellectual property rights: Doujin anime creators can also protect their intellectual property rights through legal means, such as filing a lawsuit in court or seeking legal assistance. Doujin animation's intellectual property rights needed to be jointly maintained by creators and copyright owners to ensure the legitimacy of the work and the full protection of copyright.
Are the intellectual property rights of Tianya Community's original novels protected?
The intellectual property rights of original novels on Tianya Community were usually not protected by law because intellectual property laws generally only protected the original nature of literary works and did not protect the state of their release on Tianya Community or other online platforms. However, authors can still take measures to protect their intellectual property, such as leaving a copyright notice at the end of the novel or uploading it to online copyright trading platforms for sale. In addition, online platforms such as Tianya should also abide by copyright laws to ensure that the novel content on the platform does not violate the intellectual property rights of others. Although the intellectual property rights of Tianya's original novels might not be protected by law, authors could still protect their creative rights in other ways.
On the intellectual property rights of novels
A novel is a literary work, and its intellectual property is usually enjoyed by the author or copyright owner of the novel. If the novel was created independently, the author's copyright would belong to him. If the novel was adapted from other works such as literature, movies, TV series, etc., the copyright would also be enjoyed by the author. After the novel was completed, the copyright owner could use the authorization method to adapt the novel into other forms of works such as movies, TV series, comics, games, etc. In the process of authorization, the copyright owner had to pay the copyright fee to the creator to ensure that the creator could enjoy the use of the adaptation rights. If the copyright of the novel was stolen or violated before authorization, the author of the adaptation could face legal responsibility. For example, if the copyright of a novel was stolen by others after it was created, the editor might face legal responsibility for copyright violation. Similarly, if the content of the novel was used to make other works, the author of the adaptation might also face legal responsibility if the work violated the intellectual property rights of the novel. The intellectual property rights of the novel needed to be protected by relevant laws and regulations to prevent intellectual property rights from being violated.
What works are protected by copyright law? Which works are not protected?
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.
Which works are not protected by copyright law
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.
Which works are not protected by copyright law
According to the copyright law, the following works are not protected by copyright law: 1. The management system of public places such as the rules and regulations of public places such as the airport, railway station, subway, etc.; 2. documents, announcements, notices, etc. produced by government, military, and other official institutions; 3. documents, announcements, notices, etc. produced by industry associations, chambers of commerce, and other groups; 4. Non-creative acts of adaptation, such as compilation, translation, adaptation, continuation, deduction, and adaptation into other works; 5. A published work that has been copied, distributed, rented, exhibited, performed, shown, broadcasted, or spread on the Internet without the permission of the copyright owner is not protected by the copyright law. It should be noted that even if these works are not protected by copyright law, the copyright owner can still exercise other rights such as the right of authorization, the right to modify, and the right to protect the integrity of the work.
The scope of works protected by the copyright law
The scope of works protected by the copyright law includes: 1. literary and artistic works include novels, poems, plays, movies, television, music, fine arts, sculptures, photography, and other artistic forms; 2. Calculation methods and programs include computer software, algorithms, programming arts, etc.; 3. Riddles, puzzles, intellectual games, and humorous works; (4) Other works that should be protected by the copyright law as stipulated by laws and administrative regulations. It should be noted that the copyright law does not protect works that are obviously original, such as news reports, reviews, essays, etc., but only works that are original, such as novels, poems, etc.
What would be considered as violating someone else's copyright or intellectual property rights?
Infringing on someone else's copyright or intellectual property usually refers to the act of using someone else's work (such as novels, movies, music, comics, etc.) for commercial purposes without authorization. The following are some situations that may constitute an violation of the copyright or intellectual property rights of others: Piracy: The act of illegally copying, distributing, selling, or displaying another person's work without the authorization of the copyright owner. 2. Plundering: Directly copying, adapting, combining, or translating the work of others without indicating the source or obtaining authorization. 3. False publicity: Using the images, characters, and plots of other people's works for false publicity or advertising marketing. 4. Other acts of copyright violation: such as not indicating the author, not obtaining authorization to adapt, not registering the copyright, etc. It is important to note that violating copyright or intellectual property rights does not necessarily mean that you will be sued or punished by the law. It depends on the specific situation and the wishes of the copyright owner. Therefore, when creating or using other people's works, please be sure to abide by copyright laws and avoid violating other people's intellectual property rights.
In intellectual property law, what was the difference between an author and a copyright owner?
In intellectual property law, the author usually refers to the creator of a literary or artistic work, including novels, poems, movies, television dramas, etc. The copyright owner refers to the person who owns the copyright of the work. It can be the author himself, other creators, companies, organizations, or individuals in the copyright law. To put it simply, the author referred to the person who created the work while the copyright owner referred to the person who owned the copyright of the work. The author and copyright owner could be different people or the same person, depending on the source and ownership of the work. In addition, the copyright owner could also be the copyright agent of the work, the copyright transfer or the authorized person. The specific circumstances needed to be determined according to relevant laws and regulations.
copyright law: works produced by the following acts can be protected by copyright law:
According to the provisions of the third paragraph of article 1 of the "copyright law", the following works are within the scope of protection of the copyright law: (3)The original ideas, works, concepts, principles, and methods in the fields of literature, art, and science included engineering designs, product designs, maps, schematics, models, structures, machines, equipment, product samples, sample designs, computer programs, algorithms, mathematical models, scientific discoveries, research results, academic articles, theses, books, journals, newspapers, magazines, music, audio and video signals, electronic data packages, and so on. Therefore, whether it was online novels or other literary works, as long as they belonged to the original ideas, works, concepts, principles, methods, etc. in the fields of literature, art, and science as stipulated in paragraph 3 of article 1 of the copyright law, they could be protected by the copyright law.