Can the right of publication in copyright be transferred?

In recent years, our country has increased the protection of intellectual property rights such as copyrights. Copyrights are protected by law. So is it possible to transfer the right of publication in copyright? What are the legal provisions on how to identify infringement of the right of publication? Below, the editor of Legal Savior Network has compiled legal knowledge on how to identify infringement of the right of publication for your reference.

Is it possible to transfer the right of publication in copyright?

Copyright is divided into Personal rights and property rights , among which the right to authorize, modify, protect the integrity of the work, and publish belong to the personal rights of the author. These rights are enjoyed by the author for life and cannot be transferred, deprived or restricted. Therefore, if the work itself is your own, even if you transfer the copyright, you still enjoy the above rights.

How to determine the infringement of the right of publication

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The right of publication is the most important moral right enjoyed by the author. After the author completes the creation of the work, if he does not exercise his right of publication, any other moral rights will be lost. or copyright property rights cannot be exercised. However, why many legislative cases, including the Berne Convention for the Protection of Literary and Artistic Works, do not provide for the right of publication. This is determined by the special nature of the right of publication. The right of publication is a right that belongs to the intersection of copyright property rights and personal rights. Any decision to use an unpublished work means that a decision must be made to publish the work. Therefore, countries with common law systems usually treat the right of publication as an exclusive right to use. Protection should be included in property rights and powers. Since the exercise of the right of publication is often closely related to the author's reputation and reputation, and involves the author's personal rights, my country's Copyright Law protects the right of publication as a personal right of the author rather than as a property right of the author.

Precisely because the right of publication belongs to the intersection of copyright property rights and personal rights, my country's Copyright Law stipulates that the author's right of publication and other personal rights are signatures. The protection period of the right, the right to modify, and the right to protect the integrity of the work are different. The protection period of other personal rights of the copyright is permanent and unrestricted, while the protection period of the right of publication is the same as the protection period of the copyright property right. Since the protection period of the right of publication is not permanent, when judging whether a certain behavior infringes upon the author's right of publication, it must first be determined whether the behavior occurred within the protection period of the right of publication. This is the primary factor that must be considered.

Secondly, the essential characteristic of the right of publication is to disclose unpublished works to unspecified people. Therefore, as long as a certain work is protected by my country's copyright law, any work without the permission of the author Any act of disclosing unpublished works to unspecified persons will infringe the author's right of publication.

Based on the above introduction, the right to publish belongs to the personal right of the author. This right is enjoyed by the author for life and cannot be transferred, deprived or restricted. I believe that after reading the above introduction, everyone has a certain legal understanding of how to determine the infringement of the right of publication. If you still have legal questions in this regard, please consult the lawyers of the Legal Savior Network, and they will provide you with professional answers.