Does the compilation infringe copyright?

Summarization and integration are becoming more and more important as human life and work continue to become more complex and human society develops. People can improve the efficiency of work through summarization and coordination, and government departments can also improve their cohesion through these behaviors. In the corresponding fields of literature and art, there are also compilation and co-ordination works, so does the compilation infringe upon copyright? The editor of Legal Savior Network has compiled relevant content and hopes it will be helpful to you.

Whether the compilation infringes copyright

If it is a compilation of several works, fragments of works or A compilation work does not infringe copyright if the selection or arrangement of the data or other materials that do not constitute the work reflects originality. It must have a certain design and be original. Those without originality are not protected.

There is an independent copyright on the compiled work, and the copyright belongs to the compiler. However, when the compiler exercises copyright, it can only cover the entire compiled work, not each individual material, and cannot infringe the original copyright of the compiled materials, otherwise it will be an infringement. Moreover, permission from the copyright holders of all materials must be obtained before compilation. You cannot use other people's works without authorization, otherwise it will be an infringement. If there is no infringement in any of the above, then the copyright of this compilation work is flawless and belongs entirely to the compiler.

The difference between compilation rights and copyright in compilation works

Compilation Right, that is, the right to select or arrange works or fragments of works to assemble into new works.

When an author compiles his own work, he will enjoy dual copyrights based on the original work and the compiled work. The former is the copyright of original works, while compilation works are derivative works and also enjoy copyright.

If you compile other people's works, you should obtain permission from the original author, the compilation right holder, so that the compiler can generate new copyrights for the compilation work. Works that have exceeded the copyright protection period have no compilation rights. However, if these works are compiled in a form that reflects the compiler's unique choices, selections, combinations, arrangements, and designs, the compiler may also generate new copyrights in the form of the compilation.

For example, if a novel selection of Song poetry is selected and arranged, although the copyright of each poem is lost, if the selection of each poem and the overall structural arrangement of the book reflect originality, the compiler will Enjoy new copyrights in this form.

Secondly, regarding the issue of copyright ownership of compiled works, Article 14 of my country’s Copyright Law stipulates the right to copyright in compiled works. Attribution and exercise are stipulated as follows: The copyright of compiled works is enjoyed by the compiler.

The compiler can be a natural person, a legal person or other organization. In practice Among them, legal persons and other organizations are more common. In addition, it should be noted that for compilation works formed by compiling works that are not protected by copyright law, the compiler only enjoys copyright in the structure or form of its design and arrangement. For example, for a compilation work that has entered This is the case when selecting and compiling classical literary works in the public domain, or compiling laws and regulations according to the needs of certain industries.

The copyright owner of the compiled works is in When exercising the copyright of a compilation work, the copyright of the author of the original work shall not be infringed. That is to say, when the compiler compiles individual works, if these individual works still enjoy copyright, he must obtain the consent of the original author and pay him remuneration.

In fact, from the above analysis, we can see that for compilation works, as long as they can be recognized as compilation works, that is to say, their works have corresponding If the original work is original, you can obtain the exclusive copyright without infringing the copyright of the original work. Of course, if there is fraud, you can contact a lawyer. The Legal Savior Network also provides online lawyer consultation services. You are welcome to provide legal consultation.