Signed author, anonymous author, who should enjoy the copyright
Whether the copyright belongs to the signed author or the anonymous author is a more complicated copyright In case of a signature dispute, if it cannot be determined who owns the property, it shall be jointly owned by both parties.
Signature or non-signature, or pen name are the author’s discretion A form of copyright. Failure to sign does not mean that the author does not enjoy copyright. The right of signature cannot be equated with the right of authorship. The right of authorship is the core and foundation of the author's right of signature. It is the prerequisite for the author to exercise his right of signature and other rights. It is also the legal basis for the author to request protection when his other rights are infringed. The right of authorship is only an important moral right of the author. The essence of the author's exercise of the right of authorship is one of the contents of the author's identity right, that is, the specific embodiment of deciding whether to disclose the author's identity. If the author wants to disclose his authorship, he will sign his real name or a well-known pen name; if the author wants to conceal his authorship, he will sign an unknown pseudonym or not sign. In this sense, the author's identity is the essence and the right of authorship is the appearance. , the right of authorship is the content, the right of authorship is the form, the content determines the form, and the form expresses the content.
For signed works, anonymous works of a single author and For works in which all co-authors are anonymous, the author’s identity rights are relatively easy to determine. However, in a collaborative work, some authors are signed and some authors are not signed. For unsigned authors, the identity rights of anonymous authors are Confirmation is a complex issue.
Collaborative works refer to works completed by two or more people based on the consensus of joint creation and the act of joint creation. There are two conditions for a collaborative work:
First, cooperation The consensus of people co-creating. The so-called "consensus" refers to the agreement between partners on issues such as the purpose of jointly creating a work, creation methods, format requirements, signature, royalties, and consequences of the work. It is the first condition that constitutes a collaborative work.
The second is the joint creative behavior of partners. It is an important condition for the establishment of a collaborative work. If there is only an agreement between the partners to create together but no act of co-creation, then non-creators cannot become co-authors. Of course, the act of co-creating a collaborative work does not require everyone to write the work together. Writing an outline, reviewing the first draft, revising the final draft, or performing other creative activities are all acts of co-creation. Therefore, someone who is not the author can be a co-author. However, auxiliary activities such as organizing work for others to create works, contacting for publication, helping to find information, providing consulting opinions, transcribing manuscripts and other auxiliary activities are not regarded as co-creation activities, and those who engage in these activities cannot become co-authors.
The general principle of copyright ownership of collaborative works is that the copyright belongs to Shared by co-authors. From the perspective of whether the content of the works created by the respective authors of the collaborative work can be divided, it is divided into two categories: collaborative works that can be used divisibly and collaborative works that are inseparable.
For collaborative works that can be used divisibly, the collaborators' respective behaviors in creating the works are relatively independent. Therefore, their creative behavior is a "loose" joint creation behavior. For collaborative works that cannot be used divisibly, each individual What the authors create are indivisible or interdependent parts, and their creative behavior is a "close" joint creation behavior. Therefore, the copyright of this type of collaborative work can only be enjoyed jointly by the co-authors, unless otherwise agreed between the co-authors. Except as agreed upon, the remuneration received from licensing others to use the work will be equally distributed among the co-authors. In the exercise of rights, no party may exercise the copyright alone, nor may it maliciously prevent another party from exercising the copyright.
If the collaborative work created by the anonymous author and the famous author is a collaborative work that can be divided and used, their Rights and obligations are also relatively easy to determine. Anonymous authors can separately claim their moral and property rights for the parts they create. If the collaborative work created by the anonymous author and the famous author is a collaborative work that is indivisibly used, then For the anonymous author's copyright and moral rights, such as the right to publish, the right to modify, the right to protect the integrity of the work, etc., the anonymous author must exercise it jointly with the famous author, and neither party can exercise it alone. If one party exercises it alone, it is an infringement of the other party. , its property rights can be exercised jointly by the anonymous author and the famous author, or by the famous author alone, but the remuneration received must be distributed or evenly distributed according to the distribution ratio agreed in the contract. In this way, the anonymous author due to his anonymous , it is inconvenient to directly exercise his property rights, he can exercise his property rights through famous authors and share the economic benefits brought by his creations from famous authors.
The above knowledge is the editor's answer to the question "Who should enjoy the copyright if the author is a named author or an anonymous author?" Does the copyright belong to the named author or the anonymous author? Authorship is a more complicated copyright signature dispute. If it is not clear who owns it, it is jointly owned by both parties. If readers need to find a lawyer to consult on legal issues, they are welcome to go to the Legal Savior Network for legal consultation.
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