Does the authorship belong to the author himself?

Many times, if we create a work, we can sign it. Then the author must have the right of signature? What are the relevant regulations? Below, in order to help everyone better understand the relevant legal knowledge, the editor of Legal Savior Network has compiled the following content. I hope it will be helpful to you.

Does the Right of authorship belong to the author?

Copyright is an intangible property right. It is an extremely complex civil right and has objectively become one of the most complex and profound legal disciplines. The right of signature is the most basic right among this complex civil rights. The right of authorship is a right of moral rights,The laws of various countries have regulations. There are two main views on what is the right of authorship：The first point of view is the provisions of Article 10 (2) of the Chinese Copyright Law, The right of authorship indicates the author’s identity,The right to sign the work. The second view is that the right of authorship refers to the author’s right to mark his or her name on his or her own works and their copies,Also known as the right of name representation.

The first view links the right of authorship to the right of authorship.It is easy for people to mistakenly equate the right of authorship with the right of authorship. The second view notes the difference between the right of authorship and the right of authorship, and accurately grasps the essence of the right of authorship, that is, the right to mark the work and its copies, regardless of the purpose of such marking. When understanding the meaning of signature rights, you should pay attention to the following points:

The subject of signature rights. The subject of authorship is the author, but the author is not the same as the natural person who created the work. According to Articles 11 and 17 of the Chinese Copyright Law, there are three situations for authors:

First, the natural person who creates the work;

Second, it is the legal person or unincorporated unit that is regarded as the author;

Third, it is specified in the commission contract A natural person, legal person or unincorporated entity that obtains authorship through agreement. The concept of author also has a narrow sense and a broad sense. Authors in the broad sense include not only the creators of all literary, artistic, musical, dramatic or scientific works, but also performers, sound recording, video production or broadcasting organizations; authors in the narrow sense only include creators of literary, artistic, musical or dramatic works. . Therefore, who can become an author must be stipulated by national laws and even international conventions. In addition, the right of authorship and the subject of copyright are two different concepts, because the author is not the same as the subject of copyright. Copyright contains a variety of rights, and the subject situation is complex. The author is only one of the basic subjects of copyright. In addition to the author, the copyright subjects also include heirs, international organizations, etc. The right of signature can be enjoyed solely by the author independently of other copyright rights, so the subject of the signature right is not the same as the subject of the copyright.

There are two main objects of authorship: "work theory" and "personality interest theory". Agree with the "personality interest theory". Because according to general theory, what personality rights want to protect is certain personality interests. Although the right of signature is a personality right in civil law and not an identity right, it should naturally have certain interests as its object. What is this kind of object? It should be "the connection between the author and the work". Specifically, it is the author's control over the disclosure of his identity. This reflects the author's free-will privacy interest in whether and to what extent his or her identity should be concealed or disclosed.

The above content is the relevant answer. The right of signature belongs to the author himself. The right of signature indicates the identity of the author and the right to sign the work. The second view is that the right of authorship refers to the author's right to mark his or her name on the works and their copies, also known as the name.Right of expression. If you have other legal questions, you can consult the relevant lawyers on the Legal Savior Network.