1. How long is the protection period of music copyright?
1. Protection of music copyright The duration of the period depends on the type of copyright:
(1) The author's right of signature, right of modification, and right to protect the integrity of the work are not subject to the protection period. limit.
(2) The protection period of the right of publication is fifty years, ending on December 31 of the fiftieth year after the creation of the work;
(3). The protection period of the rights stipulated in Items 5 to 17 of Article 10, Paragraph 1 is fifty years, ending on the third day after the work is first published. On December 31st of the fiftieth year, if the work has not been published within fifty years since its creation, it will no longer be protected.
2. Legal basis: Article 22 and Article 23 of the "Copyright Law"
2. How to determine the infringement of musical works
(1) Anyone who commits the following acts shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses; if the public interest is harmed at the same time, the copyright administrative department may order the infringement to cease and the illegal gains shall be confiscated. Infringing copies may be confiscated and destroyed, and fines may be imposed; in serious cases, the copyright administrative department may also confiscate materials, tools, equipment, etc. mainly used to make infringing copies:
1. Copying, distributing, performing, screening, broadcasting, compiling, or disseminating the works to the public through information networks without the permission of the copyright owner;
2. Copying and distributing audio and video recordings of his or her performance without the permission of the performer, or disseminating his or her performance to the public through information networks;
3. Copy, distribute, and disseminate to the public through information networks the audio and video products produced without the permission of the audio and video producers.
(2) If for the purpose of profit, one of the following copyright infringement circumstances occurs, the amount of illegal income is relatively large, or there are other serious circumstances, he shall be sentenced to a fixed-term imprisonment of not more than three years Imprisonment or criminal detention, and concurrently or solely a fine; if the amount of illegal income is huge or there are other particularly serious circumstances, the sentence is to be not less than three years but not more than seven years of fixed-term imprisonment, and also a fine:
1. Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner;
2. Copying and distributing audio and video recordings without the permission of the audio and video producers.
According to the provisions of the Copyright Law, the duration of copyright protection for musical works depends on the type of copyright. For example, the protection period of the author’s right of signature, right of modification, and right to protect the integrity of the work is not limited; the period of protection of the author’s right of signature, right of modification, and right to protect the integrity of the work is not limited. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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