Expression of the copyright subject
The copyright subject is also called the copyright holder, that is, it enjoys copyright in literary, artistic and scientific works in accordance with the law. People, including natural persons, legal persons and other organizations, and under certain conditions, the state may also become the subject of copyright.
1. General subject
(1) Author
That is, the person who creates the work is generally a natural person. Under certain conditions, a legal person or other organization is regarded as the author. Generally speaking, the citizen, legal person or other organization that signs the work is the author, unless there is proof to the contrary.
A legal person or other organization will be regarded as the author if the following conditions are met at the same time:
1. By a legal person or other organization Hosted by other organizations;
2. Represent the will of legal persons or other organizations;
3. By legal persons or other organizations taking responsibility.
(2) Successor
Refers to the person who has inherited, donated, bequeathed or transferred, etc. A person who acquires property rights in a work based on legal facts.
2. The copyright owner of the derivative work
The derivative work refers to Works produced by adapting, translating, annotating, and organizing existing works.
The copyright of the derivative work is enjoyed by the performer, but the copyright owner of the derivative work shall not infringe the copyright of the original work when exercising the copyright.
Note: When a third party uses a derived work, he or she must obtain the copyright of the derived work.Double permission from the original author.
3. Copyright owners of collaborative works
Cooperation between two or more people The copyright of the created works is shared by the co-authors.
Note:
If the collaborative work can be divided and used, the authors can enjoy the parts they created separately. Copyright, but the copyright of the entire work cannot be infringed upon when traveling.
If the collaborative work cannot be divided and used, the exercise of copyright shall be based on the consensus reached during the cooperation. If consensus cannot be reached, neither party shall hinder the other party without legitimate reasons. Exercise other rights and interests other than transfer, but the proceeds should be reasonably distributed to all co-authors.
After the death of one of the collaborators, if no one inherits or bequeaths the property rights in his copyright, it shall be enjoyed by other collaborators.
4. The copyright holder of the compilation work
Compilation refers to the Works that reflect originality in the selection or arrangement of several works, fragments of works, or data or other materials that do not constitute a work. Therefore, the compilation works are based on the original works.
The copyright of the compiled work is enjoyed by the compiler, but the copyright of the original work must not be infringed when exercising the copyright.
5. Copyright owners of film and television works
Copyright of film and television works owned and exercised by the producer.
Other personnel involved in the creation of the work, such as directors, screenwriters, lyrics, composers, and photography lighting authors, have the right to sign and receive remuneration, and can also express their rights to their respective works. The copyright can be exercised independently for the parts that can be used independently.
Note: When directors, screenwriters, photographers, lyrics, and composers exercise copyright individually, they must not infringe the overall copyright of the film and television work.
6. Copyright holders of professional works
(1) Unit Works
Unit works refer to works hosted by the unit, created on behalf of the unit's will and for which the unit assumes responsibility.
The copyright holder of the unit's works is the unit. Exercising complete copyrights
(2) General service works
Refers to works by citizens other than unit works Works created to complete the work tasks of a legal person or other organization (referring to the duties that citizens should perform in the legal person or organization).
1. Copyright of such works It is owned by the author, and legal persons or other organizations have priority in using it within their business scope;
2. Within two years of the completion of the work, the author shall not license any third party without the consent of the unit. People or other organizations use the work in the same way as the unit uses it. If the unit agrees, the remuneration received by the author shall be distributed with the unit in the agreed proportion.
(3) Works for special duties
1. What are works for special duties?
(1) Mainly It is an engineering design drawing, product design drawing, map, computer software and other professional works created using the material and technical conditions of a legal person or other organization, and for which the legal person or other organization is responsible;
(2) Works for which the copyright is owned by legal persons or other organizations as stipulated in laws, administrative regulations or contracts.
2. Copyright ownership
The author enjoys the right to authorize and receive rewards, and other copyrights are enjoyed by legal persons or other organizations.7. The copyright owner of the commissioned work
The ownership of the copyright is agreed upon by the client and the trustee through a contract. If the contract does not explicitly agree or the contract is not concluded, the copyright Belongs to the trustee.
8. Copyright ownership of works to which original ownership is transferred
The transfer of ownership of original works of art and other works is not regarded as a transfer of the copyright of the work, but the transfer of original works of artThe right of exhibition belongs to the original owner.
9. Copyright ownership of unknown authors
By the original work The owner exercises copyright rights other than the right of authorship. After the author's identity is determined, the author or his heirs can exercise the copyright.
10. Copyright owner of autobiographical works
The parties agree to For autobiographical works based on the experiences of a specific person, if the parties have agreed on the ownership of the copyright, the agreement shall prevail; if there is no agreement, the copyright belongs to a specific person, and if the author or organizer has contributed to the completion of the work, the copyright owner may pay him Pay appropriate compensation.
If you still don’t understand anything, you may wish to consult the lawyers at our Legal Savior Network.
No comments yet. Say something...