How to determine the ownership of copyright in 2023 and what are the relevant legal provisions?

In today's society where material life is getting richer and various mental pressures are increasing, the art field has always been the spiritual food that people use to soothe and relax their spirits, which has led to the booming development of music, novels, games and other industries. However, various piracy issues have also appeared in front of everyone at the same time. Are there any laws and regulations regarding this kind of infringement of the author's Copyright in our country? The editor of Legal Savior Network has compiled relevant content and hopes it will be helpful to you.

How to determine the ownership of copyright and what are the relevant legal provisions

1. How to determine the ownership of copyright

Article 11 of the "Copyright Law of the People's Republic of China" stipulates: " Copyright belongs to the author, unless otherwise provided in this law." This article stipulates the person with author qualifications:

1. The citizen who creates the work is the author;

2. For works hosted by a legal person or other organization, created on behalf of the will of the legal person or other organization, and for which the legal person or other organization assumes responsibility, the legal person or other organization shall be regarded as the author;

3. Without proof to the contrary, the citizen who signed the work , legal person or other organization is the author.

2. Special provisions on copyright ownership:

1. For works resulting from the adaptation, translation, annotation, and arrangement of existing works, the copyright belongs to the adaptor, Translator, annotator, organizer;

2. Two For works jointly created by two people, the copyright belongs to the co-creators;

3. If a jointly created work can be divided and used, the authors shall have separate copyrights for the parts they created;

4. The copyright of the compiled work belongs to the compiler;

5. The copyright of film works and works created by similar filmmaking methods is enjoyed by the producer;

6. Scripts, music, etc. in film works and works created with methods similar to filmmaking can be used independently The author of the work may exercise the copyright alone;

7. Except for work that should be enjoyed by legal persons or other persons, the copyright belongs to the author of the work.Enjoy;

Office work refers to the work completed by a citizen for a legal person The copyrights that should be enjoyed by legal persons and other organizations for works created by other organizations or other organizational tasks include: “1. Engineering design drawings, Product design drawings, maps, computer software, etc.; 2. The copyright is enjoyed by legal persons or other organizations according to laws, administrative regulations or contracts;

8. For commissioned works, the copyright is agreed upon in the contract between the client and the trustee;

9. When the ownership of the original artwork is transferred, the copyright remains with the author;

10. If the copyright belongs to a citizen, his right to publish and use it after his death. The right and the right to receive remuneration shall be transferred to the heirs in accordance with the provisions of the inheritance law during the protection period;

11. Copyright belongs to legal persons and other organizations. If legal persons and other organizations are changed or terminated, the right to publish, use, and obtain remuneration in the copyright shall be transferred to the legal person in accordance with the law during the legal protection period. Legal persons or other organizations with obligations shall enjoy it, and legal persons or other organizations without rights and obligations shall enjoy it with the state.

Nowadays when reading novels, you often see many authors complaining about too much online piracy and plagiarism. The fruits of a hard day's work are used by others in a few seconds without spending a penny, but there is nothing they can do about it. , even the prisoner doesn’t know who it is. In fact, about the InternetOur country's network laws and regulations have been improving and improving, and I believe that one day there will be laws to solve this problem. If you have more questions about copyright, it is recommended to consult relevant professional lawyers. The Legal Savior Network also provides online lawyer consultation services. You are welcome to seek legal consultation.